Do non-compete agreements apply to independent contractors?

To reiterate, non-compete agreements of any form, with extremely small exception, are illegal, and are not to be tendered under California state law. Employees and independent contractors especially are not bound by the terms of any non-compete clauses they may have signed as a condition of employment.

Are non-solicitation agreements enforceable?

Non solicitation clauses are only enforceable to the extent that they are reasonably necessary to protect the former employer’s confidential information and commercial interest in maintaining its relationships with its customers, workers and suppliers.

Can an independent contractor work for a competitor?

Independent contractors are workers who are permitted to work for multiple companies, even competitors, at the same time.

Can an independent contractor take clients?

Known as “poaching,” having contractors contact your own clients is a risk every business takes when bringing on contractors. Poaching can happen either while the worker is on contract with you or afterward. Fortunately, there are ways to protect your business while still enjoying the benefits of independent workers.

How long are non-solicitation agreements enforceable?

Usually an agreement with a time period of one year is appropriate, but time periods for ten years might be unduly burdensome. A skilled attorney can conduct research and see when courts have upheld past non-solicitation agreements to determine what might be an appropriate time period for a given agreement.

What happens if you violate a non-solicitation agreement?

If you don’t, the former employer could sue you instead of the employee. If an employee or other individual involved with a business signs a non-solicitation agreement and violates its terms, the business may choose to take legal action against that person.

What does non-solicitation period mean?

Non Solicitation clauses are usually defined for a set period of a number of months. The theory behind these clauses is to stop you taking with you all your current customers and clients when you move jobs.

How do you determine if someone is an employee or independent contractor?

All workers are now presumed to be employees in California. To classify someone as an independent contractor, organizations must show that: The worker is free from managerial control and direction. The worker performs work that is outside the hirer’s core business.

Do non-compete agreements apply to independent contractors? To reiterate, non-compete agreements of any form, with extremely small exception, are illegal, and are not to be tendered under California state law. Employees and independent contractors especially are not bound by the terms of any non-compete clauses they may have signed as a condition of employment. Are…