Non-recruitment refers to an agreement, usually between employers and employees, that prohibits an employee from using customers, customers and company contact lists for personal gain after leaving the company. [1] The non-solicitation agreement provisions – in addition to the non-compete clause (NCC) and the Confidentiality Agreement (NDA) – are one of three restrictive agreements that are often included in a commercial contract. They can be concluded with both employees and independent contractors — in addition to several companies — under a broader general contract or as a stand-alone provision. [2] Non-obtaining agreements are limited in some legal systems, notably in California, which prohibit these agreements for all circumstances other than the protection of corporate trade secrets in all but several exceptions, a decision upheld in 2008 by the state Supreme Court. [5] A non-appeal agreement that is too broad may violate the standards of “proportionality” (which are decided on a case-by-case basis). Under common law, a comprehensive agreement would be considered a trade restriction and therefore invalid. [4] In Canada, non-solicitation agreements were subject to a restrictive review in 2016, when the Alberta Court of Queen`s Bench addressed the issue in The Specialized Property Evaluation Control Services Ltd. V. V. Les Evaluations Marc Bourret Appraisals Inc. The Tribunal found that unduly dismissed workers are excused by enforceable force, both by prohibitions on non-incentive and non-competition, and that these two agreements are not applicable unless they are reasonable and in the public interest. [6] Non-solicitation agreements are limited by conventions, jurisdiction and scope.

In addition, applicability has proven difficult and has in some cases been considered “highly subjective. [3].