Non-solicitation agreements

[Inquiries2024]

Jurisdiction

California

Person "A" met person "B" when person "B" was briefly employed by an agency. Person "A" signed a contract stating that she would not "solicit" the work of the person "B." Turns out the person "B" is leaving the agency (she only worked there one week, but could not fill out the paperwork required for the agency so is resigning from the agency). Person "A" was interested in hiring person "B" in categories of work that the agency did not even cover. So the question is -- would person "A" be vulnerable in any way to the "non-solicitation" rules if she hires person "B" in another work category, and after person "B" has left the agency?

 

[Zigner]

Persons involved should speak to an attorney who can review the contract and provide some applicable advice based on all the facts of the matter.

 

[Zigner]

Person A likely can hire B. Non-solicitation clauses prevent poaching agency workers, not those who quit. B's departure weakens the agency's claim. But for full security, consult a lawyer on your specific contract and state laws.

This is piss-poor advice (except for the last sentence) and deserves a retraction and apology from you. Without having read the contract, giving such advice is irresponsible, at best, and possibly downright harmful.

 

[zddoodah]

Person "A" met person "B" when person "B" was briefly employed by an agency.

Employed by what sort of agency to do what?

Person "A" signed a contract stating that she would not "solicit" the work of the person "B."

Who is the other party to this contract? Why did A sign the agreement (i.e., what were the circumstances that led to this agreement being signed)? It seems awfully bizarre that the mere meeting of A and B would trigger this sort of agreement relating to a person (B) who had only been employed by the agency for less than a week. What consideration did A receive for this agreement?

Also, why do you have the word "solicit" in quotes? What sort of work does B do, and why might A be inclined to solicit it?

Person "A" was interested in hiring person "B"

Was? Or is?

would person "A" be vulnerable in any way to the "non-solicitation" rules if she hires person "B" in another work category, and after person "B" has left the agency?

No one who hasn't read the agreement and who doesn't have the answers to the questions I asked above can answer this question intelligently. However,...

Non-solicitation agreements are typically unenforceable under California law because they violate section 16600 of the Business & Professions Code. Of course, your scenario doesn't precisely line up with what the linked article is addressing. Depending on who you are in this scenario, you would be well-advised to confer with a local attorney.