Independent Contractor Agreement With Non Compete Clause In Arizona
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FAQ
Even workers labeled as “independent contractors”—who should have the freedom to work for multiple clients—are often required to sign non-competes that limit where they can work. Employers often present non-competes as a “take it or leave it” contract, forcing workers either to sign or forego employment.
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.
The ban covers all non-competes for U.S. workers (including employees and independent contractors) with limited carve-outs, and is subject to certain exceptions based on the FTC's statutory authority.
The simplest way to get out of that kind of contract is merely to ask them to release your from it. If they refuse, you might need to get a lawyer to aid you in doing so. Non-compete contracts usually have penalties specified and certainly have durations. A contract that the courts deem to be unfair can be nullified.
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.
Several factors can void or limit the enforceability of a non-compete agreement, including overly broad restrictions, unreasonable time frames or geographical limits, lack of consideration (such as compensation or job opportunities provided in exchange for the agreement), and violation of public policy.
For example, a noncompete agreement barring a salesperson from working for a competitor anywhere in Arizona for the next three years probably won't be enforced by our courts. However, a ban within a 15 mile-range for six months is considered reasonable and will be enforced.
Noncompete agreements in Arizona are perfectly legal and will be enforced when they meet certain conditions. Arizona courts will uphold reasonable noncompete agreements that don't restrict employees for too long or from too far away.
On April 23, 2024, the FTC issued a ruling that bans non-compete provisions in the employment setting; it will take effect on September 4, 2024 provided no legal challenges to the ruling succeed.
