Understanding Non-Solicitation Agreements in New Jersey

A non-solicitation agreement is one of the most common—and most misunderstood—employment contract provisions.
In New Jersey, these clauses often appear in employment contracts, severance agreements, and partnership or acquisition documents.
They’re designed to prevent one party—usually a departing employee—from taking clients, customers, or coworkers away from their former employer.

Unlike a non-compete, which restricts where you can work, a non-solicitation agreement focuses on who you can contact after leaving your job.
While that sounds simple, the legal language behind these provisions can have serious consequences for your future business and career.

At Steinberg Law LLC, attorney Frank Steinberg helps New Jersey employees and employers understand, negotiate, and, when necessary, litigate non-solicitation agreements.

What a Non-Solicitation Agreement Actually Covers

A well-drafted non-solicitation clause typically prevents three types of activity:

1. Client Solicitation — Contacting or doing business with clients or customers of your former employer.
2. Employee Poaching — Recruiting or hiring coworkers to join your new company.
3. Vendor or Partner Interference — Persuading a supplier or vendor to end or alter its relationship with your former company.

But not all clauses are reasonable—or enforceable.
Some are written so broadly that they restrict ordinary professional networking or even prevent you from talking to long-time contacts.

That’s where an experienced New Jersey employment attorney can make the difference between a fair restriction and a career-limiting trap.

Are Non-Solicitation Clauses Enforceable in New Jersey?

Yes—but only if they meet strict standards under New Jersey law.
Courts will generally enforce a non-solicitation agreement only when it:

• Protects a legitimate business interest (such as customer relationships or trade secrets)

• Has a reasonable duration (often 6 to 24 months)

• Covers a reasonable geographic area or business scope

• Does not create undue hardship for the employee

• Does not harm the public interest

If your clause fails any of these tests, it can often be challenged or narrowed in court.

Common Mistakes and Hidden Risks

Overly Broad Language

Some employers use catch-all definitions of “solicit” or “contact” that could include sending a LinkedIn message or answering a call from a former client.
That kind of ambiguity can expose you to legal threats for innocent communication.

Bundled Clauses

Many non-solicitation agreements are buried inside severance agreements or non-compete contracts.
When you sign without review, you may be agreeing to multiple restrictions you didn’t notice.
(See our guide on What Is a Severance Agreement?)

No Consideration

Under NJ contract law, there must be something of value given in exchange for signing.
If you signed your agreement after employment began—without new compensation—it may be invalid.

How Frank Steinberg Can Help

Attorney Frank Steinberg has spent over 25 years guiding executives, professionals, and small-business owners through the complex world of employment law.
At Steinberg Law LLC, our approach is both practical and strategic.

We help employees by:

• Reviewing non-solicitation or non-compete clauses before signing

• Negotiating modifications to make terms fair and specific

• Defending against enforcement actions or cease-and-desist letters

We help employers by:

• Drafting enforceable, narrowly tailored non-solicitation agreements

• Ensuring compliance with New Jersey’s reasonableness standards

• Enforcing violations through litigation or mediation

We also assist in related matters such as:

• Severance Negotiations

• Employment Contract Disputes

• Business Litigation

Our goal is simple: protect your relationships, your reputation, and your right to earn a living.

When to Hire a Non-Solicitation Lawyer

You should contact a lawyer immediately if:

• You’re leaving a job and unsure what you can tell clients or coworkers.

• Your new employer received a cease-and-desist letter.

• You’re asked to sign a restrictive covenant as part of a severance or promotion.

• You believe your former employer is violating your rights under a one-sided agreement.

Early advice can prevent costly disputes and protect your professional reputation.

Frequently Asked Questions

Speak With a New Jersey Non-Solicitation Attorney Today

If you’re facing a non-solicitation issue — as an employee, executive, or employer — get experienced guidance before making a move.
Attorney Frank Steinberg and Steinberg Law LLC can help you understand your rights, negotiate fair terms, and protect what you’ve worked for.

Call 908-685-0600 or contact us online for a confidential consultation.
We serve clients throughout New Jersey, including Somerset, Middlesex, Union, and Hunterdon Counties.