4 ms·

Are non-solicitation clauses legal?? one between AAPL and GOOG were illegal.

• jacquesm 3y ago
  They usually are not.
  • phpnode 3y ago
    I'm quite surprised by this, if only because of the regularity with which they appear in standard software consulting agreements.
    • jacquesm 3y ago
      That depends very much on the locality. What's legal in one country will get you in serious trouble in many others. hi there!
      • phpnode 3y ago
        The clauses are common in the UK but I see them all the time from startups incorporated in Delaware. Maybe they're there for the deterrent factor. Also, hi!
        • jacquesm 3y ago
          Yes, they get put in but if you try to enforce them you'll find that you can't. We sign contracts with non-poaching elements in them all the time because the companies we look at are afraid that we will use our inside knowledge to go after their best talent. But I suspect that just the basic protections an employee has under employment law would be enough to stop a company from trying to enforce this (we have a term for this in Dutch which is called 'broodroof' but I don't know any good English translation). That said: for Execs and consultants it is a different matter. But they are not rank-and-file employees.