Originally Posted by unjung
As I understand it, in the US and in Canada as well, non-competes are difficult or impossible to enforce. How about non-solicits? For me my contacts are my lifeblood. To be asked not to hit my list after I leave a company is akin to asking me not to do what I do. As such, it seems that it would be difficult to defend a non-solicit as well, given that it prevents me from working. Do I argue this to a new employer, justifying my position by saying that it's what I do, or do I just sign and hope they never try to pursue me after our relationship ends and I break the agreement?
In my experience, non-solicits tend to be a bit more enforceable than non-competes. Non-competes are enforceable on a state-by-state basis, depending on the nature of the departure from the company.
Non-solicits are much easier to enforce because if you're going after your former company's clients, you're almost always going to be using that company's confidential information / trade secrets. There are probably industries and dynamics where this is less the case, but I've certainly seen non-competes thrown out with the non-solicitation left intact.