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What is a staff non-solicit clause in an agency contract?

Contract bans hiring any agency staff for years? Limit it to active solicitation for 12 months, make it mutual and allow general job ads.

The risky clause

Subcontractor shall not hire or approach any Agency employee or contractor for 36 months.

Why it is dangerous

A total no-hire is hard to follow in a small market. Restrict it to active solicitation for a shorter period and allow responses to general job advertisements. This is general information, not legal advice.

Safer clause to propose

For 12 months, neither party shall actively solicit the other's staff. General job advertisements and unsolicited applications are permitted.

Message to send

Hi [Agency],

Could the staff non-solicit be 12 months, mutual, and exclude general job ads? Thanks, [Your Name]

Frequently asked questions

Is a no-hire clause enforceable?

It depends on scope and local law. Narrow, mutual clauses are more reasonable.

Can I hire someone who applies on their own?

Add an exception for unsolicited applications.

Related guides

• What notice should a subcontractor get on termination?
• How do retainer hours and rollover work?
• Can an agency withhold my payment for a client dispute?
• Who is responsible for data protection in a subcontract?
• How long should a subcontractor warranty last?

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