Recruiters working on contingent searches for employers may be asked to sign non-solicitation agreements.  What is a non-solicitation agreement?  A non-solicitation agreement is a contract between a recruiter and an employer that states that the recruiter will not attempt to recruit any of the client’s employees for work elsewhere.  Also, non-solicitation agreements often state that a recruiter agrees to not “re-recruit” a candidate to later leave the job if hired and go to another job at a different company.  Things you should consider before signing a non-solicitation agreement:

The non-solicitation agreement’s scope. Before you sign a non-solicitation agreement make sure that the scope (duration, market description, geographic region) of the agreement is reasonable and fair.

Consider refusing to sign the non-solicitation agreement and see if the client is willing to work without one.  Signing a non-solicitation agreement can place a very real restriction on your ability to recruit. So before you sign a non-solicitation agreement make sure that the client can justify their need for one.  Ask them what exactly they are trying to protect with the agreement.

Remember that a non-solicitation agreement is fully enforceable in court.  Do you have the time and money to fight it out in court if you are accused by the client of violating the agreement? Are you able to afford the damages associated with losing in court?  If not, carefully consider if the client is worth signing the agreement.