Can I work for a competitor if I signed a non-compete?

It doesn't mean you can't work for a competitor, it simply means you can't use proprietary or confidential information you learned or obtained from the former employer with a new employer.

Can a non-compete be enforced on a 1099 employee?

In some jurisdictions, companies can require independent contractors to agree to a non-compete, and it will be enforceable under local law. In other places, they're permitted and enforceable as long as the substance of the non-compete satisfies certain regulations, and still in others, they're downright forbidden.

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Consulting Agreement for Independent Consultant with Non-Competition...

Fairfax Virginia Consulting Agreement for Independent Consultant with Non-Competition Clause

Name: Fairfax Virginia Consulting Agreement for Independent Consultant with Non-Competition Clause
Brand: US Legal Forms
Rating: 4.58 (357 reviews)

Category:

Technology - Trade Secrets Protection

State:

Multi-State

County:

Fairfax

Control #:

US-13012BG

Format:

Instant download

Description

This form is a detailed Consultant Agreement for Independent Consultant With Non-Competition Clause document. It is adaptable for use in the computer, software and related industries.

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FAQ

If you decide to ignore the non-compete agreement, your former employer may sue you. Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued.

A nondisclosure has nothing to do with noncompetition (meaning you cannot work with a competitor), generally. A nondisclosure normally provides that you cannot disclose (presumably) confidential information.

Under Florida law, in certain circumstances, an independent contractor agreement can contain an enforceable non-compete clause. Florida courts will uphold a non-compete agreement if the non-compete clause is reasonable in geographic scope and reasonable in its time-frame.

compete clause is used to prevent a party from using intellectual property, confidential information and their general work knowledge to compete with the business that they have ceased working with.

Independent contractors and consultants may also be subject to a non-compete clause in their employment contract that seeks to avoid competition after they terminate a relationship and separate from the company.

It doesn't mean you can't work for a competitor, it simply means you can't use proprietary or confidential information you learned or obtained from the former employer with a new employer.

Here are five ways to beat a non-compete agreement. Prove your employer is in breach of contract.Prove there is no legitimate interest to enforce the non-compete agreement.Prove the agreement is not for a reasonable amount of time.Prove that the confidential information you had access to isn't special.

Therefore, non-compete agreements are often unenforceable against independent contractors because this would cause the business to forfeit its own profit and prosperity in simple exchange for a portion of its business.

In some jurisdictions, companies can require independent contractors to agree to a non-compete, and it will be enforceable under local law. In other places, they're permitted and enforceable as long as the substance of the non-compete satisfies certain regulations, and still in others, they're downright forbidden.

Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.

More info

An independent contractor may be asked to sign a non-compete agreement. The foregoing summaryof the employment agreements of Messrs.Read this disclosure document and all accompanying agreements carefully. Independent financial and taxation advice before deciding whether to accept the Offer.

Fairfax Virginia Consulting Agreement for Independent Consultant with Non-Competition Clause

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FAQ

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