Explain the legality of non-solicitation policies.?

Answer 1

Non-solicitation policies - as far as you mean agreements that prohibit employees who are leaving a business from soliciting clients from the business

Those agreements are legal, but there are some catches

1. they should be agreed to when employment begins, not as an afterthought on the way out the door.

2. The employee IS allowed to tell the clients that they are leaving for other employment. The employee is not allowed to actively solicit business.

Answer 2

There are other non-solicitation policies. I suspect you mean the policy of businesses to prohibit all solicitation on their premises.

Now, you might wonder, doesn't this violate the first amendment? Answer -- NO. The reason is that the constitution limits GOVERNMENT action, not the actions of private businesses. A person can solicit (first amendment freedom of speech), but not on private property of another (unless landowner allows it).

Some of these policies seem kind of ridiculous. For example, even charities are not allowed to have people outside collecting money for a fund drive, etc. Why would a business do that?

Reason -- if the business allows some people to use their premises to solicit for their own enterprise (charitible or otherwise), there is some authority that says that UNIONS can use the same space to organize. To avoid union organizing activities, they prevent ALL businesses and entities from soliciting.

Answer 3

If you are there and they don't want you to be, you are committing the serious crime of trespassing.