What contract can I use in California to stop client poaching?

Can you use non-solicitation clauses in California?

Many businesses use non-solicitation language to prevent former employees or contractors from actively reaching out to clients after leaving.

These clauses work best when they:

• Focus on stopping active solicitation.
• Are narrow and clearly written.
• Do not prevent someone from working in their field.

California law is strict, so overly broad language may not be enforced. Non-solicitation clauses may be unenforceable in California unless they are carefully limited to protecting trade secrets or confidential information.

How do NDAs help protect clients?

A Non-Disclosure Agreement can protect sensitive business information, such as client lists, pricing models, marketing plans and service methods.

If your client list qualifies as a trade secret, an NDA can help prevent someone from using that information to compete against you.

Courts are more likely to enforce agreements that protect legitimate business interests without restricting someone's right to work.

What to do next

• Use a narrowly drafted non-solicitation clause.
• Strengthen your NDAs to cover client information.
• Limit access to client lists and sensitive data.
• Make sure agreements focus on confidentiality, not employment bans.

What to consider in your specific situation

These general tools work for many businesses, but the right approach for you may depend on several details. Small differences in your setup can change what's enforceable or effective:

• The type of relationship you have (employee vs. contractor).
• The exact wording of your NDA or non-solicitation clause.
• Whether your client list legally qualifies as a trade secret.
• Local rules that apply to your industry or business type.
• How much confidential information you share and how you protect it.
• Prior contracts, emails, or understandings with your workers.

Every business is different, so getting help tailored to your situation can help you stay protected and confident moving forward. Consider getting personalized advice through Rocket Copilot or a Legal Pro.