Can they make being friendly with customers part of a new non-solicit I have to sign?
A properly drafted non-solicitation agreement is meant to stop you from actively poaching the employer's customers if you later leave, reaching out to try to bring their business with you, not to restrict ordinary, friendly interactions with customers while you're still doing your job. If a document labelled a "non-solicit" tries to reach further than that, restricting how friendly you can be with customers day to day, or effectively functioning like a broader restriction on your future ability to work in the industry, that starts to look less like a genuine non-solicitation clause and more like something else dressed up in that language.
This matters because Ontario's ban on employee non-competes doesn't turn on what a clause calls itself. Being friendly with customers as part of doing your actual job well isn't the kind of "solicitation" these clauses are meant to address, and an overly broad clause that tries to control ordinary workplace conduct, rather than actual post-employment poaching, is more vulnerable to being challenged as unreasonable or as an improperly disguised restriction.
Read exactly what any non-solicit actually restricts before signing it, and if it reaches well beyond stopping active poaching after you leave, get it reviewed rather than assuming the label makes it fine.
Key takeaways
- A genuine non-solicit targets active poaching of customers after you leave, not everyday friendliness.
- A clause reaching further than that starts to look like something else wearing a non-solicit label.
- What a clause calls itself doesn't control whether it's actually an unenforceable non-compete.
- Read exactly what's restricted and get an overly broad clause reviewed before signing.