Florida Restrictive Covenants For Independent Contractor

Q: Can an independent contractor have a non-compete Florida?

Non-competition clauses are governed by Florida Statute 542.335. A non-compete clause can restrict an independent contractor from working for a competitor during the duration the worker is contracted with the company, and for a specific period of time after contract work ends.

Category:

Loans and Lending - Liens

State:

Florida

Control #:

FL-LR057

Format:

Instant download

Description

The Florida restrictive covenants for independent contractor form is designed to protect a business's interests by limiting an independent contractor's ability to compete or disclose confidential information after the termination of their contract. Key features of this form include provisions that outline the scope of the restrictions, duration of the covenants, and geographic limitations. Users should fill in specific details such as the contractor's name, the nature of the business, and any particular confidential information relevant to the agreement. This form is particularly useful for attorneys drafting agreements to ensure enforceability and compliance with Florida law, as it includes essential statutory references. Partners and owners will find it beneficial to safeguard proprietary information and prevent potential competition. Additionally, associates, paralegals, and legal assistants can streamline their processes by utilizing this form to create cohesive contractual relationships while maintaining legal standards. Clear instructions and explanations are provided to assist even those with minimal legal experience, ensuring proper completion of the agreement.

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FAQ

Restrictive covenants are not considered enforceable in all states across the USA. In Florida, they are enforceable, and courts tend to favor employers over employees when enforcing restrictive clauses in a signed agreement.

Independent contractors are not entitled to benefits from the company, such as health insurance or retirement, and are ineligible for unemployment benefits. Independent contractors are even exempt from employment discrimination laws governing wages and hours worked.

Non-competition clauses are governed by Florida Statute §542.335. A non-compete clause can restrict an independent contractor from working for a competitor during the duration the worker is contracted with the company, and for a specific period of time after contract work ends.

A Restraint of Trade clause can never be inserted in a true Independent Contractor agreement - it is quite simply unenforceable. You cannot restrain your plumber or painter or electrician from taking on other work, or from the painting the buildings of companies in opposition to you.

Can an independent contractor sign an NDA? Not only can you have your independent contractors sign an NDA, but it's also recommended. The NDA should be a regular part of your agreements with independent contractors every time the projects require you to share sensitive information with the person you're hiring.