You’ve just received a job offer, or maybe you’re thinking about leaving a job, and now you’re staring at a contract full of legal terms. Two phrases jump out at you: non-compete and non-solicitation. What do these terms mean? What is the difference between non-compete and non-solicitation? If you’re wondering about non compete vs non solicitation clauses, how they impact your future job options, and whether they’re enforceable in Texas, you’re not alone.
If you’re feeling confused or unsure, you’re not alone. These clauses can seriously impact your ability to earn a living or grow your business. Understanding non-compete vs. non-solicitation agreements can help you protect your rights and make wise career decisions.
Let’s break down what each means, how they differ, and when you should seek legal advice.
What Is a Non-Compete Agreement?
A non-compete agreement is a contract where an employee agrees not to work for a competitor or start a competing business for a specific period after leaving their job. The goal is to prevent someone from using inside knowledge or relationships to compete with their former employer.
Non-Compete Enforceability
In Texas, non-compete clauses are enforceable, but only if they meet specific legal standards. The clause must be:
- Part of an enforceable agreement (like an employment contract);
- Supported by consideration, such as access to confidential information; and
- Reasonable in time, geography, and scope of activity.
Texas courts may throw out the clause or limit its enforcement if it’s too broad or restrictive.
What Is a Non-Solicitation Agreement?
A non-solicitation agreement is a clause that stops a former employee or contractor from trying to “poach” or take clients, customers, or employees from their previous employer. These agreements typically come into play after someone leaves a company.
The goal is to protect business relationships and keep teams intact, not to prevent someone from working altogether. You still have the right to work and support yourself.
Non-Solicitation Enforceability
A non-solicitation clause must be reasonable in scope and duration and cover geographic areas and time periods necessary to protect legitimate business interests. Non-solicitation clauses are generally easier to enforce than non-competes. Courts are more likely to enforce restrictions that:
- Are narrowly written,
- Focus only on specific clients or customers,
- Have a limited timeframe, and
- Don’t block general business development.
Non-solicitation agreements can be a valuable tool for employers who want to safeguard their business without placing broad limits on former employees.
Non-Solicitation vs. Non-Compete: What’s the Real Difference?
While both clauses restrict certain actions after employment ends, they serve different purposes and have different legal impacts, such as:
- Non-compete—restricts where and for whom you can work; and
- Non-solicitation—restricts who you can contact (like clients or employees).
In other words, one limits your job opportunities, and the other limits your networking efforts.
Here’s why that distinction matters:
- If you’re leaving a job and want to work in the same field, a non-compete might block you from doing that for a while; and
- If you’re planning to start a business, a non-solicitation clause might prevent you from reaching out to people you worked with before.
Both types of clauses can impact your livelihood.
These agreements can be tricky. The language used can impact how they are interpreted and enforced. Working with an experienced contract lawyer before you sign or take action can help protect your rights and avoid legal disputes.
Key Differences to Know
Here are a few important contrasts between non-compete vs. non-solicitation clauses and agreements:
- Purpose. Non-competes aim to block competition. Non-solicitation agreements aim to protect business relationships.
- Scope. Non-competes may limit where you work or what you do. Non-solicitations focus only on specific people or contacts.
- Enforceability. Texas courts are more cautious with non-competes. Non-solicitations are more likely to be upheld.
- Impact. Non-competes may delay your career plans. Non-solicitations may limit who you can work with.
- Risk. Violating either one can lead to cease-and-desist letters or lawsuits.
Understanding these differences helps you assess your risks and avoid mistakes that could cost you time and money.
What Should You Look For?
Before signing a contract with either or both clauses, take a moment to review a few key details. These are some red flags and questions to ask:
- Is the time limit fair and reasonable?
- How broad is the geographic restriction?
- Are you being asked to give up too much for too long?
- Are the clients or contacts clearly defined?
- Is there a legitimate business reason for the clause?
If anything seems vague or overly aggressive, that’s a sign to get legal advice. A contract or business attorney can help review these clauses to ensure they are fair and reasonable to protect your interests.
Non-Solicitation Agreement vs. Non-Compete: Can You Have Both?
Yes. Employers can ask you to sign a contract with a non-compete and non-solicitation clause. This is common in Texas, especially in industries where customer relationships or proprietary information are valuable.
Each clause serves a different purpose, but both aim to protect the employer’s business. Having both in one agreement doesn’t make them automatically enforceable. They still must follow Texas law and be fair regarding time, scope, and geography. If either is too broad or unfair, a court can limit or reject it entirely.
If you’re unsure what you’re agreeing to or how it could affect your career, seek legal advice before signing.
Why Work with The Curley Law Firm?
Navigating non-solicitation agreement vs. non-compete language can be overwhelming, especially when your job or business is on the line. At The Curley Law Firm, we help Texas workers, entrepreneurs, and business owners understand their rights and protect their futures.
For over 10 years, Adam Curley has built a reputation for clarity, responsiveness, and practical legal solutions that meet real-world needs. He has helped hundreds of clients navigate complicated employment contract issues. Whether an employer asks you to sign one of these agreements or you face a dispute after leaving a job, Adam is ready to help. He can review your contract, explain what’s enforceable, and help secure a resolution.
Contact The Curley Law Firm today to learn how Adam can help safeguard your rights.