Are Non-Solicitation Agreements Enforceable in New York?

Non-solicitation agreements are enforceable in New York if they are reasonable in duration and scope. These agreements prevent you from recruiting former coworkers or soliciting former customers after leaving a job. Courts apply a less strict standard than for non-competes because non-solicitation agreements don’t stop you from working for competitors—they only restrict who you can contact.

To be valid, a non-solicitation must protect legitimate business interests like customer relationships you developed or confidential employee information you accessed. Courts typically enforce restrictions lasting 1-2 years that cover only specific clients you personally worked with or employees you directly supervised.

Why Non-Solicitation Agreements Matter

Non-solicitation agreements come in two main forms, each with different legal standards:

Customer Non-Solicitation: Prevents you from contacting former clients to take their business to your new employer or your own company.

Employee Non-Solicitation: Prevents you from recruiting former colleagues to leave and join you at a new employer or startup.

These restrictions are narrower than non-competes. You can work for direct competitors—you just can’t actively solicit specific relationships you developed at your former employer.

Understanding the difference matters because:

• Non-solicitation agreements are more likely to be enforced than non-competes
• Violating one can result in immediate injunctions stopping your work
• Your new employer may be liable if they knowingly benefited from your violations
• Many sales, client services, and management jobs include these provisions

Courts balance employer interests in protecting relationships they cultivated against your right to use your skills and pursue your career.

Customer Non-Solicitation: What It Covers

Customer non-solicitation prevents you from actively contacting former clients to seek their business. Courts focus on whether you developed the relationship using employer resources or if customers came to you independently.

What Constitutes “Solicitation”

Courts generally consider these actions as solicitation:

Direct Solicitation (Clearly Prohibited):

• Calling, emailing, or texting former clients to pitch your new services
• Sending marketing materials to former client lists
• Visiting former clients at their offices to seek business
• Using social media to directly message former clients about business opportunities
• Asking former clients to switch vendors or service providers

Indirect Solicitation (May Be Prohibited):

• Announcing your new position on LinkedIn where former clients follow you
• Sending general newsletters to contacts including former clients
• Responding to inquiries from former clients who contact you first
• Accepting business from former clients who find you independently

Not Solicitation (Generally Allowed):

• Working for a competitor in the same industry
• Former clients choosing to work with you without your initiation
• General marketing that doesn’t target specific former clients
• Professional networking in public forums

The key distinction: Did you actively reach out, or did the customer come to you?

Reasonable Duration for Customer Non-Solicitation

New York courts typically enforce customer non-solicitation for these time periods:

1 Year: Most commonly upheld for typical customer relationships in professional services, sales, and B2B contexts.

2 Years: Enforced for longer-term customer relationships, complex services, or when you received extensive specialized training.

6 Months or Less: Sometimes appropriate for transactional relationships or rapidly changing industries.

3+ Years: Rarely enforced unless extraordinary circumstances justify it (e.g., multi-year project relationships in construction or consulting).

Courts reason that after 1-2 years, the customer relationship is no longer primarily based on your former employer’s investment. Market conditions change, and restricting you longer is unnecessary.

Which Customers Can Be Restricted

Courts carefully examine which customers the non-solicitation covers:

Generally Enforceable:

• Clients you personally worked with or managed
• Customers you had direct contact with during employment
• Accounts you serviced in the final 1-2 years of employment
• Clients introduced to you through company resources

Generally Not Enforceable:

• All customers of the company, including those you never worked with
• Customers you brought to the company from prior relationships
• Clients who left the company before you did
• Potential clients who never became actual customers

The restriction must be narrowly tailored. If you managed 20 client accounts, the non-solicitation should list those 20 (or a clear definition identifying them), not all 500 company clients.

Protectable Business Interests for Customer Non-Solicitation

New York courts require employers to demonstrate legitimate interests justifying customer non-solicitation:

Valid Interests:

• Customer relationships developed through employer’s resources, training, and goodwill
• Confidential customer information (pricing, needs, preferences) you learned through employment
• Substantial investment in developing the relationship
• Trade secrets or proprietary methods used to serve clients

Invalid Interests:

• Preventing ordinary competition
• Customers with whom you had pre-existing relationships
• Publicly available customer information
• General industry knowledge about customer needs

If customers could easily find and choose your new employer without your solicitation, courts question whether the restriction protects anything meaningful.

Employee Non-Solicitation: Recruiting Restrictions

Employee non-solicitation prevents you from recruiting former coworkers to join your new employer or startup. Courts apply similar reasonableness standards but with some important differences.

What Constitutes Employee Solicitation

Direct Solicitation (Clearly Prohibited):

• Calling or emailing former coworkers to offer them jobs
• Meeting with employees to pitch joining your new company
• Providing your new employer’s contact information to former colleagues
• Offering compensation details or incentives to leave

Indirect Solicitation (May Be Prohibited):

• Posting job openings on social media where former colleagues see them
• Responding to inquiries from former coworkers about opportunities
• Maintaining professional relationships that naturally lead to hiring discussions

Not Solicitation (Generally Allowed):

• Employees contacting you unsolicited about opportunities
• General recruiting in your industry
• Hiring former coworkers who apply through normal channels
• Former colleagues learning about job openings through public postings

The burden is on your former employer to prove you actively recruited employees, not that employees chose to follow you.

Reasonable Duration for Employee Non-Solicitation

Courts typically enforce employee non-solicitation for:

6 Months to 1 Year: Most common for general employees and professionals.

1 to 2 Years: Enforced when you had access to confidential personnel information (compensation, performance, career plans) that gives you unfair recruiting advantage.

Longer Than 2 Years: Rarely upheld unless you were in senior HR or executive positions with deep knowledge of workforce.

The rationale: After a year, employee decisions to leave are driven by their own career goals, not your influence.

Which Employees Can Be Restricted

The scope must be reasonable:

Generally Enforceable:

• Employees you directly supervised or managed
• Colleagues you worked closely with and knew personally
• Employees whose compensation and performance information you accessed
• Team members who reported to you

Generally Not Enforceable:

• All company employees regardless of your relationship
• Employees in departments you never worked with
• Workers you met only briefly or casually
• Employees who left the company before you did

Courts reject blanket prohibitions on recruiting any company employee. The restriction should match your actual relationships and access to confidential information.

Protectable Interests for Employee Non-Solicitation

Employers must show legitimate business interests:

Valid Interests:

• Investment in recruiting, training, and developing employees
• Confidential personnel information you accessed (salaries, reviews, retention risk)
• Disruption to operations if you raid an entire department
• Protection against mass departures you orchestrate

Invalid Interests:

• Preventing employees from making career choices
• General desire to avoid competition
• Stopping natural employee mobility in your industry

If employees would have left anyway due to dissatisfaction or better opportunities, your former employer cannot blame you for recruiting them.

Customer vs. Employee Non-Solicitation: Key Differences

Aspect	Customer Non-Solicitation	Employee Non-Solicitation
Primary Goal	Protect client relationships developed through employer resources	Prevent raiding of trained workforce
Typical Duration	1-2 years	6 months to 1 year
Scope	Clients you personally worked with	Employees you supervised or worked closely with
Enforcement Likelihood	More likely to be enforced	Moderately likely; depends on your access to confidential personnel data
Active vs. Passive	Focuses on whether you reached out first	Focuses on whether you recruited vs. employees coming to you
New Employer Liability	New employer can be liable for tortious interference if they directed solicitation	New employer rarely liable unless they orchestrated mass raid

Both types share the reasonableness requirement: restrictions must be limited in time, scope, and necessary to protect legitimate interests.

The “Don’t Solicit” vs. “They Can Come to You” Distinction

One of the most important aspects of non-solicitation law is understanding the difference between prohibited active solicitation and permissible passive acceptance of business or employees.

What Courts Consider “Active Solicitation”

• You initiate contact
• You pitch or persuade
• You provide information aimed at securing business or recruiting
• You create opportunities for clients/employees to switch

What Courts Consider “Passive” or “Allowed”

• Clients or employees contact you first
• They learn about your new role through public information
• They make independent decisions to work with you or join you
• You respond to their inquiries without initiating

Critical Strategy: Document who initiated contact. Save emails, texts, and LinkedIn messages showing customers or employees reached out to you first. This evidence can defeat a non-solicitation claim.

The “Public Announcement” Gray Area

Announcing your new job on LinkedIn, in trade publications, or through press releases occupies a gray area:

• Courts generally allow these announcements—you have a right to share your career news
• Your former employer may argue it’s indirect solicitation designed to trigger contact
• The more targeted your announcement (e.g., emailing it to former clients vs. posting publicly), the riskier it becomes

Best practice: Make general public announcements about your new role, but don’t specifically reach out to former clients or employees to inform them.

Reasonableness Factors Courts Apply

New York courts evaluate non-solicitation agreements using these factors:

1. Legitimate Business Interest

The employer must have invested resources in developing the relationship:

• Time and money training you to work with these clients/employees
• Confidential information about customer needs or employee compensation
• Goodwill and reputation the employer built that you leveraged

2. Geographic Scope

Non-solicitation agreements usually don’t have geographic limits because they restrict who you can contact, not where you can work. However, if the agreement includes geography, it must be reasonable (e.g., customers located in specific regions, not worldwide).

3. Temporal Scope

Time restrictions must match the legitimate interest:

• Short for transactional or commodity relationships
• Longer for complex services or ongoing relationships
• Never so long that customers naturally move on or relationships become stale

4. Impact on Your Livelihood

Even non-solicitation agreements can’t prevent you from earning a living:

• If your entire professional network consists of former clients, a complete ban may be unenforceable
• If all qualified candidates in your industry are former colleagues, employee non-solicitation may be too broad
• Courts balance employer interests against your right to work

5. Consideration

Like non-competes, non-solicitation agreements require consideration:

• Valid if signed at hiring
• Require additional compensation (raise, promotion, bonus) if signed after employment begins
• Severance agreements must offer something beyond what you’re already owed

Enforcement Mechanisms and Remedies

When employers believe you’ve violated a non-solicitation agreement, they have several legal options:

Preliminary Injunction

Employers can seek emergency court orders forcing you to:

• Stop contacting specific customers
• Cease recruiting specific employees
• Turn over customer lists or communications
• Inform customers/employees about the legal dispute

These hearings happen quickly (days to weeks). Employers must prove:

• They’ll likely win on the merits
• They’ll suffer irreparable harm without an injunction
• The balance of hardships favors them
• Public interest supports the injunction

Damages

If the court finds you violated a valid non-solicitation:

• Lost profits from customers you took
• Cost to replace recruited employees
• Attorney’s fees (if the agreement includes a fee-shifting provision)

Damages are hard to prove. Employers must show the loss was caused by your solicitation, not other factors like poor service or better competitive offerings.

Your New Employer’s Liability

If your new employer knowingly benefits from your wrongful solicitation, they may face:

• Tortious interference claims
• Joint liability for damages
• Injunctions preventing them from doing business with solicited customers

This is why sophisticated employers ask new hires to disclose restrictive covenants and obtain legal review before allowing you to contact former clients.

Defenses to Non-Solicitation Enforcement

If your former employer claims you violated a non-solicitation agreement, you have several defenses:

The Agreement Is Overbroad

• Covers customers/employees you never worked with
• Lasts too long given industry norms
• Lacks legitimate business interest

No Valid Consideration

• You signed after employment began without additional compensation
• Employer breached the employment agreement first
• Agreement was signed under duress

You Didn’t Actively Solicit

• Customers/employees contacted you first
• You made only general public announcements
• Former clients found you through independent research

No Confidential Information Used

• Customer information was publicly available
• You didn’t use proprietary customer lists or employee data
• Relationships predated your employment

The Harm Is Speculative

• Employer hasn’t lost any customers yet
• No employees have actually left
• Employer is seeking to prevent ordinary competition

Public Policy Violations

• Restriction would prevent you from earning a living
• Agreement violates employee rights to discuss working conditions
• Enforcement would harm customers’ ability to choose service providers

Non-Solicitation in Severance Agreements

Many severance agreements include non-solicitation provisions as a condition of payment. These raise special considerations:

Negotiating Non-Solicitation in Severance

When reviewing severance:

Ask for narrowing:

• Limit to customers you personally worked with in the last 12 months
• Reduce time period (aim for 6-12 months maximum)
• Clarify that customers who contact you first are allowed

Request clarity:

• Define exactly which customers are covered
• Specify which employees you cannot recruit
• Confirm passive receipt of business is allowed

Consider alternatives:

• Offer a strong confidentiality agreement instead
• Propose a narrower non-solicitation with higher severance pay
• Suggest limiting to direct competitors only

Duration Considerations

Severance non-solicitation periods should be shorter than employment contract provisions:

• You’re not receiving ongoing compensation
• The severance is one-time payment, not continued pay during restriction
• Longer restrictions require higher severance to be reasonable

If your employer wants 2 years of non-solicitation in severance, negotiate for substantially more money—or garden leave (continued pay during the restriction).

What You Can’t Waive

Even in severance, you cannot waive:

• The right to file government agency complaints
• Whistleblower protections
• Rights to discuss workplace conditions with colleagues (NLRA protections)

See severance agreements for comprehensive guidance.

Industry-Specific Non-Solicitation Issues

Different industries face unique non-solicitation questions:

Financial Services

Client non-solicitation is common and often enforced:

• Courts recognize substantial investment in developing client relationships
• Restrictions typically last 1-2 years
• Must be limited to clients you personally managed
• Protocol agreements govern broker transitions and customer notice

Sales and Account Management

Non-solicitation heavily depends on relationship development:

• Enforceable if you built relationships using company resources
• Not enforceable if customers sought you out or you had pre-existing relationships
• Restrictions on recruiting sales teams are common

Professional Services (Law, Accounting, Consulting)

Courts carefully scrutinize client non-solicitation:

• Clients have right to choose their attorney or advisor
• Restrictions must be very narrow (specific clients, short duration)
• Some states (not NY) limit lawyer non-solicitation as restraint on practice

Technology and Startups

Employee non-solicitation is particularly important:

• Startup success depends on specific talent
• Courts enforce restrictions on raiding entire teams
• But cannot prevent natural movement in tight-knit tech communities

Healthcare

Patient non-solicitation faces public policy limits:

• Patients have right to choose their healthcare providers
• Restrictions cannot interfere with continuity of care
• Must be narrowly tailored to specific patient relationships

New York vs. Other States: Comparative Enforcement

State	Non-Solicitation Enforceability	Key Differences
New York	Enforceable if reasonable; courts require legitimate business interest and proportional restrictions	Balanced approach; more lenient than non-competes but still scrutinizes overbreadth
California	Customer non-solicitation generally allowed; employee non-solicitation restricted	Strong public policy against restraints on employee mobility
Texas	Broadly enforced	Employer-friendly; courts will modify overbroad provisions
Florida	Presumed valid if meets statutory requirements	Statutory framework makes enforcement easier
Illinois	Generally enforced with reasonableness limits	Similar to NY approach
Massachusetts	Enforced with consideration requirements	Recent reforms added protections; must be reasonable

New York falls in the middle—more protective than employer-friendly states like Texas and Florida, but more willing to enforce reasonable non-solicitation than California.

Real-World Examples: When Non-Solicitation Succeeds and Fails

Example 1: Financial Advisor – Enforceable

David was a financial advisor who managed 50 high-net-worth clients. His non-solicitation prohibited contacting these clients for 18 months after leaving. He joined a competitor and sent emails to 20 former clients announcing his move and inviting them to transfer their accounts.

The court granted an injunction because:

• David actively solicited specific clients he managed
• 18 months was reasonable for financial planning relationships
• The restriction was narrowly limited to his 50 clients, not all firm clients
• He used confidential information about client portfolios and financial situations

David had to cease contact for 18 months. Several clients who contacted him independently were allowed to transfer.

Example 2: Sales Manager – Too Broad

Rachel worked in medical device sales covering hospitals in New York and New Jersey. Her non-solicitation prohibited contacting any healthcare facility in the Northeast for two years. She took a job with a competitor and called hospitals she’d never worked with.

The court refused enforcement because:

• The restriction covered facilities she never worked with
• Northeast was too broad (she only covered two states)
• Two years was too long for her transactional sales role
• Many facilities were publicly known and not confidential

Rachel could contact any facility except those she personally managed during employment, and even then only for one year.

Example 3: Software Engineer – Recruiting Former Team

Marcus was a senior engineer who left to start a company. Over three months, he recruited five engineers from his former team. His employment contract had a one-year employee non-solicitation covering people he worked with.

The court enforced it because:

• Marcus directly contacted each engineer with job offers
• One year was reasonable
• The restriction covered only his immediate team, not all company engineers
• His former employer invested significantly in training the team

Marcus had to stop recruiting. One engineer who had contacted Marcus first before being offered a job was allowed to join.

Example 4: Real Estate Agent – Clients Who Followed

Jennifer was a real estate agent who left her brokerage. Her non-solicitation prohibited contacting clients for one year. She announced her move on social media, and 15 former clients contacted her requesting her services at the new firm.

The court refused to enforce the non-solicitation because:

• Jennifer didn’t initiate contact with clients
• Her social media post was a general announcement, not targeted solicitation
• Clients have the right to choose their agent
• No confidential information was used

Jennifer could work with any client who contacted her independently.

Example 5: Restaurant Manager – No Protectable Interest

Carlos managed a restaurant and had a non-solicitation preventing him from recruiting kitchen staff for two years. He left and three cooks followed him to his new restaurant. They applied on their own after seeing a job posting.

The court refused enforcement because:

• The cooks applied independently through public job postings
• Carlos didn’t have access to confidential personnel information
• Restaurant workers frequently move between employers
• Two years was excessive for industry norms

Carlos could hire any employee who applied without his direct solicitation.

Example 6: Consultant – Client List Use

Aisha was a management consultant who took her employer’s complete client list when she left. She emailed all 200 clients announcing her new consulting firm. Her non-solicitation prohibited contacting clients for 18 months.

The court granted an injunction and damages because:

• Aisha took confidential proprietary client information
• She actively solicited all clients, not just those she worked with
• She used the stolen list for competitive advantage
• 18 months was reasonable for consulting relationships

Aisha faced damages for lost business and had to cease all solicitation. Her new firm was also liable for tortious interference.

Example 7: Insurance Broker – Overbroad Restriction

Tom sold insurance and had a non-solicitation covering all customers who were clients at any time during his five-year employment, even if he never worked with them. The restriction lasted three years.

The court refused enforcement because:

• Tom never worked with most of the listed customers
• Three years was excessive
• The employer couldn’t show legitimate interest in protecting relationships Tom never developed
• The restriction would prevent Tom from working in his field

Tom could contact customers he personally served during the final year of employment, but the broader restriction was thrown out.

Example 8: Executive Assistant – No Confidential Access

Maria was an executive assistant who had a one-year employee non-solicitation. She left and was accused of recruiting her former boss’s new assistant. She didn’t have access to HR information or compensation data.

The court refused enforcement because:

• Maria had no confidential employee information
• She didn’t supervise or manage employees
• Her former employer couldn’t show legitimate business interest
• The alleged recruitment was speculative (no employee actually left)

Maria faced no restrictions.

Example 9: Pharmaceutical Sales Rep – Protocol List

James was a pharmaceutical sales rep with a non-solicitation covering physicians he called on. After leaving, he used his former employer’s proprietary call list to contact doctors at his new job.

The court enforced the non-solicitation because:

• The call list was confidential and proprietary
• James developed relationships using company resources and samples
• One year was reasonable for pharmaceutical relationships
• He actively solicited using stolen information

James had to stop contacting physicians on the list and pay damages for improper use of trade secrets.

Example 10: Marketing Director – Mass Recruiting

Nina was a marketing director who left to start an agency. She hired 12 former employees over six months, including people from departments she didn’t manage. Her non-solicitation covered employees she directly supervised for one year.

The court partially enforced the agreement:

• She could not recruit the five employees who reported directly to her
• The remaining seven employees were not covered because she never supervised them
• Employees who contacted her first could be hired
• One year was reasonable

Four employees who reached out to Nina independently were allowed to join her agency.

Example 11: Accountant – Client Choice

Robert was an accountant at a CPA firm. When he left to open his practice, ten clients followed him. He sent no solicitations but listed his new firm in professional directories where clients could find him.

The court refused enforcement because:

• Robert didn’t actively solicit clients
• Clients have the right to choose their accountant
• His directory listings were general marketing, not targeted solicitation
• The firm couldn’t prove damages (clients left due to preference for Robert)

Robert could serve any client who chose to follow him.

Example 12: Sales Team Lead – Constructive Solicitation

Elena was a sales team lead who quit suddenly. Within weeks, her entire eight-person team resigned and joined her new employer. While Elena claimed she didn’t recruit them, evidence showed she discussed her new position, shared compensation details, and arranged for her new employer to interview them.

The court found constructive solicitation:

• Elena orchestrated the departures through indirect actions
• She shared confidential information to facilitate recruiting
• The timing and coordination showed active involvement
• Her new employer knowingly participated

Both Elena and her new employer faced liability. The employees were allowed to stay (courts don’t force employment), but damages were awarded.

Common Questions About New York Non-Solicitation

Q: What’s the difference between a non-compete and a non-solicitation agreement?

A: A non-compete prevents you from working for competitors or in a competing business. A non-solicitation only prevents you from contacting specific customers or recruiting specific employees—you can work for competitors. Non-solicitation is narrower and more likely to be enforced. See non-compete agreements for details.

Q: Can I accept business from former clients who contact me first?

A: Generally yes. Non-solicitation agreements prohibit you from initiating contact, not from accepting business that comes to you. Document that clients reached out first. However, if you indirectly encouraged contact (e.g., emailing them to “let me know if you need anything”), courts may find implied solicitation.

Q: What if my entire professional network is former clients—does that make non-solicitation unenforceable?

A: Possibly. Courts won’t enforce restrictions that prevent you from earning a living. If your specialized industry means all potential clients are former connections, the non-solicitation may be overbroad. This is fact-specific—consult an attorney.

Q: Can my new employer be sued if I violate a non-solicitation agreement?

A: Yes, if they knew about the restriction and encouraged or benefited from your violations. This is called tortious interference. Before allowing you to contact former clients, sophisticated employers require legal review of your restrictive covenants and confirmation that you’re not soliciting.

Q: How long do non-solicitation agreements typically last in New York?

A: Most enforceable customer non-solicitations last 1-2 years. Employee non-solicitations typically last 6 months to 1 year. Anything longer must be justified by extraordinary circumstances. Courts rarely enforce restrictions beyond 2 years.

Q: Can I be prevented from hiring employees who apply to my new company’s job postings?

A: No. Posting jobs publicly and hiring employees who apply is not solicitation. However, if you target your job postings specifically to former colleagues (e.g., emailing them the posting), that may constitute indirect solicitation.

Q: What if I didn’t sign a non-solicitation agreement but took customer information when I left?

A: You may still face liability for trade secret misappropriation, breach of confidentiality, or breach of fiduciary duty even without a signed agreement. Taking proprietary customer information is illegal regardless of contract provisions. See confidentiality agreements.

Q: Can a non-solicitation prevent me from doing business with customers in my new role if they find me on their own?

A: No. Courts distinguish between active solicitation (prohibited) and passive acceptance of business (allowed). If customers research you, find your new employer, and choose to work with you, that’s their decision. You cannot be penalized for being findable.

Q: What happens if I violate a non-solicitation agreement accidentally?

A: “Accidental” violations are rare—solicitation requires affirmative contact. However, if you genuinely didn’t realize a customer was covered or thought enough time had passed, you may have a good-faith defense. Stop immediately when you learn of the issue and document your intentions.

Q: Are non-solicitation agreements enforceable if I was terminated without cause?

A: Generally yes, unless the employment contract says otherwise. Termination doesn’t automatically void restrictive covenants. However, you may have leverage to negotiate a waiver of non-solicitation in exchange for not pursuing wrongful termination claims. Courts sometimes consider the circumstances of termination when deciding whether to enforce restrictions.

Related Topics

• New York Employment Contracts – Overview of all employment contract protections in New York
• non-compete agreements – Restrictions on working for competitors
• confidentiality agreements – Trade secrets and proprietary information protections
• severance agreements – Negotiating releases and restrictive covenants
• wrongful termination in New York – Illegal reasons for firing

Take Action: Review Your Non-Solicitation Agreement

If you have a non-solicitation agreement or are considering leaving your job, take these steps:

1. Read the agreement carefully – Identify exactly which customers and employees are covered
2. Document relationships – Note which clients you personally worked with and when
3. Understand the timeline – Calculate when the restriction expires
4. Plan your transition – Determine how to announce your new role without violating the agreement
5. Consult an attorney – Get legal review before contacting any former clients or colleagues

An employment attorney can review your specific agreement for enforceability and advise on how to transition to your new role without triggering litigation.

Facing a non-solicitation dispute or need contract review? Contact the New York State Bar Association Lawyer Referral Service to find an experienced employment attorney.

---

Legal Disclaimer

This article provides general information about New York non-solicitation agreements and should not be construed as legal advice. Whether a non-solicitation agreement is enforceable depends on specific contract language, your job duties, the customers/employees involved, and many other factors.

For advice about your specific situation, consult a licensed New York employment attorney. Laws and court interpretations change over time. This information may not reflect the most recent legal developments.

Nothing in this article creates an attorney-client relationship. If your former employer is threatening to enforce a non-solicitation agreement, contact an attorney immediately.

Last updated: November 4, 2025