I recently received an offer from a company that I'll call ACME. In the NDA that came with the offer this clause appears:
2.Non-Solicitation. I agree that so long as I am employed by ACME and for a period of two (2) years thereafter, I will not directly or indirectly solicit for other employment or work any employee, consultant or advisor of ACME, nor will I interfere with ACME's relationship with any such persons, or endeavor to entice them away from ACME, or aid any other person(s) in enticing them away from ACME.
Now, I've done my homework. In particular, Joel's excellent article NDAs and Contracts That You Should Never Sign has informed me that this clause is definitely not in my best interest to sign. I emailed the recruiter back and asked them to remove this clause; she responded saying it was non-negotiable.
Is this worth sticking to my guns on? I am very happy with the offer package otherwise, and this is very much a dream job for me, located in silicon valley, a place I've wanted to work in since I started college.
What are the chances this clause will hurt me? My nightmare scenario is that some of my coworkers will leave to start a really cool startup but will not be able to bring me on board; I do not like limiting my future career like this.
How often is this clause actually enforced? I've read that sometimes this clause and other 'non-compete/non-solicit' clauses like it are unenforceable in some jurisdictions anyway. I don't know about California, though.
Edit: A couple of these answers are slightly ridiculous in their accusations that I wish to 'poach' employees from this company before I even start working there. This is a bit much. My objective is to have a good job that I enjoy doing, and this company will very likely provide that. My simple concern is if this clause will interfere with my career a few years down the line, if I want to move on to a more senior position or to the possibility of starting my own business.