A candidate non-solicitation clause is a contract term that stops one party from actively recruiting a specific person or group of people. In HVAC and plumbing hiring it shows up in three places: your agreement with a recruiter, your employment agreement with technicians, and mutual agreements between companies. It is generally enforceable when it is narrow, tied to a real business interest, and written for the state where the work happens. Contractors get into trouble when one template tries to do everything.

TL;DR

• A non-solicitation clause restricts active recruiting or client pursuit. A non-compete restricts working for a competitor. Courts treat them differently.
• The FTC’s nationwide non-compete ban is not in effect, but the agency still acts against broad restrictions on lower-wage workers, including technicians.
• Enforceability depends on state law. Reasonable duration, a defined group of people, and a protectable interest are what courts look for.
• In recruiter agreements, check who is protected, for how long, and what happens when a candidate applies on their own.

Table of Contents

• Three clauses that share one name
• What courts look at
• The FTC and your technicians
• Drafting an employee non-solicitation clause
• The clause in a recruiting agreement
• Our perspective
• Hiring with a recruiter who knows the trades
• FAQ
• Sources

Three clauses that share one name

Search results for this term mix several different documents. Sorting them first prevents most drafting mistakes.

The Legal Information Institute at Cornell describes a nonsolicitation agreement as a provision limiting a person from soliciting specified customers, clients, employees, or other business relationships. It is generally narrower than a non-compete, which limits where someone can work.

What courts look at

There is no single national rule. Courts judge these clauses on reasonableness: how long the restriction lasts, whom it covers, and what interest it protects. Cornell’s overview notes that states such as California apply high scrutiny, while others allow narrowly tailored clauses that protect a legitimate business interest.

A few practical patterns follow from that:

1. Duration. One contract guide reports that 6 to 12 months is routinely enforced and 12 to 24 months is the most common commercial range, with longer terms facing more scrutiny. Treat that as a general pattern, not legal advice for your state.
2. Active versus passive. A clause that bans only active solicitation is safer than one that bars all contact. The same guide flags blanket “any hiring” bans as enforceable in fewer places.
3. A defined group. “Candidates presented to the company in the last 12 months” is specific. “Any person in the industry” is not.
4. A real interest. Courts look for something the company built, such as client relationships or a candidate pipeline it paid to develop, not the general skills an employee already had.

The FTC and your technicians

Contractors often ask whether non-competes are now illegal. The answer is more nuanced. The FTC states that its Noncompete Rule is not in effect and is not enforceable after a district court order in 2024. In September 2025 the agency moved to dismiss its appeals and accept the vacatur.

That does not mean restrictive covenants are risk-free. In April 2026 the FTC announced action against pest-control company Rollins, alleging its noncompetes covered relatively low-wage employees such as technicians. The order was finalized in June 2026 and requires the company to stop enforcing noncompetes against more than 18,000 employees. That is a service-technician workforce, close to the one HVAC and plumbing contractors employ.

The lesson for contractors is practical. A non-solicitation clause aimed at a specific, documented interest is a defensible tool. A clause that functions as a non-compete for field technicians invites trouble.

Drafting an employee non-solicitation clause

The American Bar Association’s business torts committee describes an employee restrictive covenant as a scalpel, not a broadsword: precise drafting, narrow restrictions and attention to state requirements. For a mechanical contractor, that translates into these steps:

1. Name the interest. Customer accounts and service agreements the employee managed, or crew members the employee supervised.
2. Limit the people. Customers the employee had material contact with, and employees they worked alongside, not the whole customer list or workforce.
3. Set a defensible term. Pick a duration you could explain to a judge in one sentence.
4. Define “solicit.” Say whether a LinkedIn message, a social post about a new job, or a reply to an inbound call counts. Courts are increasingly asked about digital contact, so vague wording creates risk.
5. Exclude passive acts. Do not bar a former employee from accepting an unsolicited application or call. Overreach can make a court read the clause as a disguised non-compete.
6. Use the right state version. The ABA notes that a national template often fails in stricter states. Illinois, for example, sets wage thresholds for certain covenants, and California is far stricter.
7. Document your investment. Training hours, certifications you paid for, and account assignments show that you are protecting something you built. Clean field time and payroll records help here, and this guide to certified payroll for contractors shows how time data can be mapped to formal reporting.

For how restrictive terms fit with pay structure and classification, see our guide to types of HVAC employment contracts.

The clause in a recruiting agreement

When a contractor works with a recruiter, the candidate non-solicitation language usually protects the recruiter’s investment. The client agrees not to bypass the agreement by hiring a presented candidate directly or through another channel. Some agreements also bind the recruiter not to approach the client’s own employees.

Before signing, check these points:

• Who is covered. Only candidates the recruiter actually submitted, or anyone the recruiter ever contacted?
• How long the protection lasts. A fixed period after submission is common. Open-ended terms deserve a question.
• What triggers a fee. A hire through any route, or only through the agency’s introduction?
• Reverse protection. Does the recruiter agree not to solicit your technicians once they place someone with you?
• Your existing pipeline. A candidate already in your applicant system before the introduction should be carved out in writing.
• Fee terms. Know exactly what is owed, and when, if you hire a covered candidate.

Our checklist of recruiting contract terms walks through these checks with ready-to-use wording.

Our perspective

We recruit only for HVAC and plumbing contractors, and we see the same pattern in contracts that go wrong: the clause was copied from another industry or another state, and nobody asked what it protected. In our contingency model, a contractor pays a fee only when a permanent hire is made, so the useful question about any candidate clause is simple: what does it protect, and does it still make sense for the person on the other side?

We think the best clauses are short and written in plain English. A service manager should be able to read one and know what they can and cannot do. Clauses that try to lock in a technician rarely hold a crew together. Pay that matches the market, clear advancement, and a good dispatch culture do more for retention. That is why our work includes wage benchmarking and technical vetting, so the hire fits the job before any contract language is tested. For the cost side, our breakdown of HVAC hiring cost shows what a failed hire really takes from a contractor.

Have an employment lawyer in your state review any restrictive covenant before it goes into a technician’s offer letter.

— David

Hiring with a recruiter who knows the trades

If you are filling service, construction or leadership roles, we handle sourcing, screening and credential checks for HVAC and plumbing only. Our published one-time placement fee is 18%, and you can review the details on the pricing page. Start with our HVAC recruiting services or plumbing recruiting services and bring your current agreement language to the first conversation.

FAQ

What is a candidate non-solicitation clause?

It is a contract term that prevents one party from actively recruiting specified people. In recruiting, it usually stops a client from hiring a presented candidate outside the agreement. In employment, it stops a departing worker from recruiting coworkers or pursuing customers.

How is it different from a non-compete?

A non-compete limits where a person can work. A non-solicitation clause limits whom they may approach, and is generally narrower. Because it is narrower, courts tend to accept it more readily, though state law still decides.

Are non-compete clauses now illegal?

Not nationwide. The FTC’s rule is not in effect, so state law still governs. The FTC continues to challenge specific noncompetes, particularly broad ones imposed on lower-wage workers, and some states restrict them heavily.

Can a non-solicitation clause stop someone from accepting a job offer?

Generally it should not. A well-drafted clause targets active solicitation. One that bars accepting unsolicited applications or business can be treated as a disguised non-compete and struck down in stricter states.

Sources

• Nonsolicitation agreement, Legal Information Institute, Cornell Law School
• The Employee Restrictive Covenant: A Local Scalpel, Not a National Broadsword, American Bar Association
• Noncompete Rule, Federal Trade Commission
• FTC files to accede to vacatur of Non-Compete Clause Rule
• FTC takes action against noncompete agreements, April 2026
• FTC approves final consent order in pest-control noncompete matter
• Non-Solicitation Clauses in Contracts, ReviewMyContract

Recommended

• Recruiting Contract Terms: 10 Checks and Ready to Use Clauses
• Noncompete Bans: 4 Steps for U.S. HVAC and Plumbing Employers
• Top Workforce Compliance Tools for Contractors in 2026