Non-Solicitation Workaround?
Noncompetition and Non-Solicitation Agreements Missouri Jul 24, 2026
Location: Missouri I work for an MSP. Our MSP offers onsite support to some of our clients. I have worked closely with one over our clients off and on over the past 3.5 years. This client is leaving my MSP and going with another one. I really like this client and wanted to keep working with them. I personally don’t have a non-compete that would prevent me from working there, but the client signed a non-solicitation agreement with my MSP stating they won’t solicit any employees. I reached out to a few different people at this clients office and let them know I would love to work for them if there is an opportunity, both verbally and through teams/text messages. So in my eyes, I’m not being solicited since I am the one that initiated the process. I am also building out a document that shows I was the one that reached out with screenshots. Is my thinking correct? Does the MSP have any grounds to sue the client if I work for them? Here is the full clause below: (I bolded the specific sentence that I think says that I and the company is safe from a lawsuit) Solicitation of Personnel. Both parties agree that while Consultant is performing services under this Agreement and during the twelve (12) months following the completion of performance of such services or the termination of this Agreement, neither party will (except with the other party’s prior written approval and an upfront one-time fee (as compensation for the investment, training, and loss of services of the employee) equal to one-hundred fifty percent (150%) of the current annual salary of the employee) initially induce or actively solicit for employment or other role as consultant, independent contractor or other similar capacity, any of the other party’s employees or staff that have been engaged in any efforts under this Agreement. Each party acknowledges that the other party’s respective employees may be subject to non-solicitation or non-competition agreements, and each party agrees not to interfere with or otherwise cause a breach of such agreement(s) between the other party and its employee(s). Without waiver or limitation of the rights and obligations of such non-solicitation or non-competition agreements, and provided that the employee does not breach same, nothing in this Section 5 shall prohibit or constrain employment which was initiated by or first sought-out by the employee without first inducement by a party to this Agreement. In the event either party breaches the terms of the preceding sentence, the other party shall have the right to apply for and shall be entitled to injunctive relief from any court of competent jurisdiction, and such relief shall be in addition to any damages, including the aforementioned upfront one-time fee and attorneys’ fees and costs, which that party may sustain.
