Delaware Non-Solicitation Agreement

A Delaware non-solicitation agreement is a binding contract by which an employee is required not to solicit customers and coworkers during their employment and after termination. The contract has two primary goals: to prevent departing employees from selling products or services to former clients, and to ensure that existing staff will not be persuaded to join another company.

Last updated May 15th, 2025

Unlike a non-compete agreement, a non-solicitation agreement does not restrict the employee from pursuing similar work following termination. Instead, the agreement focuses only on prohibiting solicitation in an effort to maintain client relationships and preserve valuable employees.

Statutes: N/A
Legally Enforceable? Yes, Delaware courts will enforce non-solicitation agreements.
Requirements: There aren’t any requirements specific to non-solicitation agreements; state courts generally look to the enforceability requirements for non-compete agreements.