Some employers or payers may include a clause in a contract listed as non-compete or non-solicitation, but the language within the clause may indicate the opposite. It is more important to focus on the language within the clause, rather than how the clause is titled. An example of this is below:
“Non-Competition Agreement: The employee will not, for two years after the end of the employment contact any person who was a client of the employer at any time during the employee’s employment with the employer.”
The above example is listed as a non-compete, but the language specifically prohibits solicitation of clients, so it is classified as a non-solicitation agreement and is permitted. If ever you are unsure about language, please contact an employment lawyer.