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This question is about non solicitation agreement.
How do you prove solicitation?
A company can prove solicitation by demonstrating that the exiting employee uses existing customers, employees, or trade secrets.
It can be difficult to prove solicitation because a company's clients are free to choose whom they do business with and if they want to follow the exiting employee, that's not the employee's fault, and it doesn't mean they solicited their business.
Think of a hairstylist who goes from Shop A to Shop B. That person's clients probably hear it through the grapevine where the stylist is, and now they show up at Shop B to get their haircut the way they like it.
That's not solicitation, and the owner of Shop A would have a difficult, if not impossible, task of proving that it was solicitation. Likely, the customers would say they changed shops because of a personal choice or preference.
But what if that stylist told every customer that they were going to Shop B and handed them a new business card with a discount coupon on it. If the owner of Shop A got their hands on that business card, they could easily prove that solicitation was happening.
Even better, they found a loyal customer who was willing to testify that they had been told by the stylist to switch to Shop B, and they'd get a discount.
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