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...

Fulton Georgia Consulting Agreement for Independent Consultant with Non-Competition Clause

Name: Fulton Georgia 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:

Fulton

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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How to fill out Fulton Georgia Consulting Agreement For Independent Consultant With Non-Competition Clause?

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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.

compete clause is not legally enforceable unless it is reasonable. Whether or not it is reasonable should, under current law, be decided by reference to the circumstances at the time it was entered into.

Non-compete agreements are typically considered enforceable if they: Have reasonable time restrictions (generally less than one year) Are limited to a certain geographic area (specific cities or counties, rather than entire states)

Typically, a worker's classification as an employee or independent contractor depends on how much control the company has over the worker. If you are an independent contractor, you may be asked to sign a non-compete agreement or the employer may include a non-compete provision in your employment contract.

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.

You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.

To get out of a non-compete agreement, the simplest step is simply to ignore it. Set up your new business or get hired by the rival firm, and if your former employee does nothing to try to enforce the agreement then it's void.

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.

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.

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.

Fulton Georgia Consulting Agreement for Independent Consultant with Non-Competition Clause

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