The following is not meant to be legal advice.
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However, non-solicitation provisions are enforceable, but they may not limit the solicitation of customers. Non-solicitation of customers whose information may be gathered from public sources might be a hidden non-competition provision.
Non-solicitation does not occur when: A former co-worker who approaches someone at his/her new employer and then moves over to the person’s new employer is not considered to be solicitation by the former employer because he/she was approached by the co-worker, not the person reaching out to the co-worker. It may difficult to prove who asked who in such a situation, but if there is a case, the person involved may need to testify under penalty of perjury. If a person testifies under penalty of perjury and lies, it would be considered a crime. In order to prevent from committing a crime, the person could plea the 5th Amendment if he/she does not want to answer a question.
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