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.
Related FAQs
Are employers allowed to ask job applicants about their national origin?Can employers ask job applicants about criminal convictions?
Are sexual orientation and gender identity protected by employment law?
Can an employee be fired for filing a complaint?
What are the rights of temporary or part-time workers?
Are employers allowed to ask job applicants about their marital status?
How do I file a complaint with the Equal Employment Opportunity Commission (EEOC)?
What is the difference between wrongful termination and constructive discharge?
Are employers allowed to monitor their employees’ phone calls and emails?
Can an employer request a medical assessment of an employee's fitness for work?
Related Blog Posts
Employment Law Overview: What Employers Need to Know - July 31, 2023Understanding Compensable Time in Employment Law - August 7, 2023
Minimum Wage Standards in Employment Law: What Employers Need to Understand - August 14, 2023
An Overview of Unemployment Benefits and Related Employment Laws - August 21, 2023
Common Mistakes Employers Make in Employment Law - August 28, 2023