What does a non-solicitation of employees clause mean — can I hire my old team?
The short answer
A non-solicitation of employees clause — sometimes called a "no-poach" or employee non-solicitation clause — typically prohibits you from soliciting, recruiting, or encouraging former colleagues to leave the employer and join you, for a defined period after your own departure. Like client non-solicitation clauses, the definition of "solicit" and the scope of who is covered are the critical variables. Some clauses prohibit only direct, targeted recruitment; others prohibit any action that induces a former colleague to leave, including casual conversation. Whether the clause covers all employees of the company or only those you worked with directly depends on the wording. State courts generally examine these clauses for reasonableness, and the analysis varies by state. Scan your agreement to see what its employee non-solicitation clause actually says.
What Dang reviews here: Dang reviews the clause language in your employment agreement — what the non-solicitation, non-compete, confidentiality, and IP terms say and what to ask about them. It does not verify wage, hour, or leave compliance.
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What an employee non-solicitation clause usually covers
An employee non-solicitation clause restricts you from actively recruiting or inducing former colleagues to leave their current employer. The restriction typically names a time period (one to two years is common) and a covered group (all employees, or employees you worked with directly). The word "solicit" again does the definitional work: a narrow clause may only prohibit targeted recruitment pitches; a broad clause may prohibit any conversation that results in a colleague's departure, even if initiated by the colleague.
These clauses appear frequently in senior employment agreements and are also commonly included in severance agreements as a continuing obligation. Finding the clause in your severance agreement — which you may not have read as carefully as your initial employment contract — is worth checking, since severance acceptance binds you to its terms.
Why people worry
People starting new ventures or moving to competitors often want to bring trusted colleagues. The practical question is: can I tell my former team I have a new role and encourage them to apply? The clause language determines whether that conversation is covered. A broad no-poach clause can materially affect a new venture's hiring plans, particularly if key talent relationships were built at the prior employer.
What to look for in your agreement
- The definition of "solicit" — whether it covers only targeted recruitment or any contact that leads to a departure.
- The scope of covered employees — all company employees or only those you worked with directly.
- The duration and when the clock starts — separation date or signing date.
- Whether the clause appears in both the original employment agreement and any subsequent severance agreement.
- Whether there is a carve-out for employees who apply independently without solicitation.
Questions to ask before reaching out to former colleagues
- Ask the former employer to clarify whether a general social announcement of your new role would be considered solicitation.
- Ask the other party to confirm which former employees are within the clause's defined covered group.
- Confirm whether the clause in the employment agreement and any severance agreement are consistent in scope.
- Consider having the clause reviewed if former colleagues represent significant planned hires in a new venture.
Why scan instead of guess
The general rule tells you the baseline. Your offer tells you what you’re actually being asked to sign — and the wording is what binds. Dang reads the document and flags the clauses worth reviewing, in plain English.
The deterministic engine scores and decides what’s risky. The AI only enriches the plain-English wording — AI extracts, code decides, never the other way around.
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Common questions
Does the clause apply if a former colleague approaches me first?
It depends on the definition of "solicit" in your clause. A narrow clause covers only your active recruitment; a broad clause may cover any conduct that induces a departure, even in response to a former colleague's outreach. The specific wording controls.
Can these clauses appear in severance agreements as well as employment agreements?
Yes — employee non-solicitation obligations frequently appear in severance agreements as continuing post-separation restrictions. If you accepted a severance agreement, its terms are worth checking alongside the original employment agreement.
No account required · File deleted after analysis · Not legal advice. Dang reports contract findings in plain English — general information, not legal advice about your situation. For consequential decisions, consult a licensed attorney in your state.