What is the difference between a non-solicitation and an anti-raiding agreement?
The difference between a non-solicitation and an anti-raiding agreement lies in the purpose of each agreement. A non-solicitation agreement is an arrangement between two parties that prohibits one party from attempting to persuade, entice, or solicit another party’s employees from leaving their current position and taking one with the other party. This type of agreement is intended to protect an employer from the potential financial losses associated with losing an employee to a competitor. An anti-raiding agreement, on the other hand, is used to shield a company from its former employees actively poaching their co-workers to join them in their new business venture. Anti-raiding clauses are created to stop former employees from taking advantage of their contact list, knowledge, and relationships with current co-workers to influence them to leave for a new job. Both non-solicitation and anti-raiding agreements are enforceable under Kansas state employment law. Employers should be aware of the potential consequences of violating either agreement and use them judiciously to protect their interests.
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