Texas Non-Solicitation Agreement Attorneys

We Draft, Review, & Enforce Non-Solicitation Agreements Across Texas

Non-solicitation agreements are contractual provisions that prohibit a departing employee, contractor, or business partner from actively soliciting your clients or employees after the relationship ends. Unlike a non-compete agreement, a non-solicitation does not restrict where someone works or what industry they work in. It restricts who they can take with them when they go.

Used correctly, non-solicitation agreements protect three things most Texas business owners cannot afford to lose: established client relationships built over years, skilled employees who are hard to replace, and the stability of a business during a transition, dissolution, or acquisition.

Texas law treats non-solicitation agreements similarly to non-compete agreements – they must meet specific enforceability standards to hold up in court. The good news is that a properly drafted agreement gives you real legal tools: a court order to stop the solicitation, compensation for business already lost, and leverage to protect what remains.

At Hendershot Cowart P.C., our business law and litigation attorneys help Texas businesses draft enforceable non-solicitation agreements, review agreements before signing, and enforce them when they are violated. Call (713) 783-3110 or contact us online to schedule a consultation.

What Is a Non-Solicitation Agreement?

A non-solicitation agreement is a contractual provision that prohibits a departing employee, contractor, or business partner from actively soliciting the employer's clients or current employees after the relationship ends. Unlike a non-compete agreement, it does not prevent the former employee from working for a competitor or in the same industry – it prevents them from taking established business relationships with them when they go.

Non-solicitation agreements typically restrict one or both of the following:

• Customer solicitation – prohibiting the former employee from reaching out to the employer's clients, customers, or prospects to draw their business away
• Employee solicitation – prohibiting the former employee from recruiting current colleagues to follow them to a new employer or competing venture

Non-solicitation clauses can be included in employment agreements, independent contractor agreements, partnership agreements, and shareholder agreements. They are frequently used alongside non-compete and confidentiality agreements as part of a broader framework for protecting a business's client relationships, workforce, and proprietary information.

In Texas, non-solicitation agreements are governed by the same statute as non-compete agreements and must meet the same core enforceability requirements – including adequate consideration and reasonable restrictions on scope and duration.

Non-Solicitation Agreements Prevent Customer and Employee Poaching

Consider these scenarios in which a non-solicitation agreement could prevent harm to your business:

1. Scenario #1: Imagine you run a financial planning firm. Your advisors build strong, trusting relationships with your clients over time. A non-solicitation agreement with departing advisors can prevent them from contacting those clients directly to try to take them to a new firm.
2. Scenario #2: Let's say your company develops a unique software program. You hire talented programmers to work on it, and one programmer leaves. A non-solicitation agreement can prevent that employee from enticing the rest of the team to join a competitor or competing venture. 
3. Scenario #3: In a competitive industry with a limited pool of skilled workers, a non-solicitation agreement can prevent vendors, contractors, or clients from recruiting your talented employees.
4. Scenario #4: Your business partnership dissolves. A non-solicitation clause prevents either partner from poaching the other's clients after a break-up. This safeguards your network while you stabilize the business and decide what to do next.
5. Scenario #5: If your company is being acquired, a non-solicitation agreement can prevent former employees or independent contractors from raiding your workforce during the transition period. 

Are Non-Solicitation Agreements Enforceable in Texas?

Non-solicitation agreements are enforceable in Texas, but with some important caveats. Texas law treats non-solicitation agreements as similar to non-compete agreements. This means they must comply with restrictions against limiting someone's ability to earn a living, including:

• The agreement must be reasonable in geographic scope, duration, and extent of prohibited activity (e.g., restricting only direct contact, not general marketing).
• The agreement must protect legitimate business interests, such as trade secrets, confidential client information, or established relationships. For example, client lists that are easily discerned from an internet search are not a legitimate business interest.

Consult with one of our attorneys to ensure your non-solicitation agreement is enforceable under Texas law.

Non-Solicitation Agreements vs. Non-Compete Agreements

Even though Texas law considers non-solicitation agreements similar to non-compete agreements, there are key differences:

• Non-compete agreements prevent employees from using knowledge gained from their employer to work for a competing business within a specific geographical area.
• Non-solicitation agreements restrict a former employee’s ability to solicit clients or current employees from their former employer.

Unlike a non-compete, a non-solicitation doesn't prevent a former employee from working for a competitor but rather limits their ability to take the company's business relationships with them.

Did the FTC Ban Non-Solicitation Agreements?

No – and the FTC's effort to ban non-compete agreements nationwide has itself come to an end. A federal court struck down the rule in August 2024, and in September 2025 the FTC formally abandoned its appeal and dropped the case entirely. Non-compete agreements remain governed by state law.

Non-solicitation agreements were never part of the proposed ban. The FTC's position was that non-solicitation agreements are generally not non-compete clauses because, while they restrict who a worker may contact after leaving a job, they do not, by their terms, prevent a worker from seeking or accepting other work or starting a business. The FTC did note that a non-solicitation agreement could function as a non-compete if drafted so broadly that it effectively prevented a worker from finding new employment – but that was a narrow exception, not the general rule.

What has not changed is the FTC's focus on agreements that harm worker mobility without a legitimate business justification. Non-solicitation agreements that are overbroad – covering employees who had no access to confidential client information, or restricting contact with clients the employee never personally served – remain vulnerable to scrutiny even without a formal ban.

How Can You Enforce a Non-Solicitation Agreement?

Enforcing a non-solicitation agreement begins with collecting evidence. Your attorney can help you identify and gather evidence that demonstrates a clear violation of the agreement. This might include emails, call logs, or social media posts where the former employee or partner is demonstrably soliciting clients or employees in breach of the agreement.

Next steps may include:

• Send a cease-and-desist letter:  Your attorney may advise you to send a cease-and-desist letter outlining the specific violations of the agreement and demanding they stop soliciting immediately. This can serve as a warning and potentially resolve the issue without further action.
• Seek injunctive relief:  Another legal strategy is to file a lawsuit claiming breach of the non-solicitation agreement and ask the courts for injunctive relief – essentially a court order demanding that the opposing party stop violating the agreement immediately.
• Seek monetary damages:  Depending on the severity of the violation and the losses incurred, you might also seek monetary damages to compensate for the harm caused by the solicitation activities.

If you believe an individual has violated the terms of a non-solicitation agreement, our Texas lawyers can provide the responsive representation you need to minimize damage, prevent the continued solicitation of clients or employees, and defend your rights.

Stop employee poaching: Speak to our non-solicitation attorneys today at (713) 783-3110 or contact us online. 

Can You Negotiate a Non-Solicitation Agreement?

Almost every contract is negotiable. The terms of a non-solicitation agreement are no different. If you are asked to sign a non-solicitation or non-compete agreement upon employment, as part of a severance package, or at any point during a business relationship, ask an attorney to review it first.

Our Texas contract law attorneys can help you ensure your non-solicitation agreement is fair, enforceable, and protects critical investments in client and employee development without placing an unreasonable burden on the other party.

Call to Speak With a Texas Non-Solicitation Attorney

With decades of experience on both sides of non-solicitation and non-compete disputes, our team at Hendershot Cowart P.C. knows what it takes to protect and enforce our clients’ valuable investments in client and employee development. 

We can examine your business needs and draft or review employment agreements, vendor agreements, licensing agreements, shareholder or partnership agreements, and operating agreements with built-in non-solicitation provisions. 

Schedule a consultation with our non-solicitation agreement lawyers in Houston, Texas by calling (713) 783-3110 or send us a message online.