Florida Consulting Agreement for Independent Consultant with NonCompetition Clause
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How to fill out Consulting Agreement For Independent Consultant With NonCompetition Clause?
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FAQ
Employee agrees that for _____ [months/years] after Employee is no longer employed by the Company, Employee will not directly or indirectly solicit, agree to perform or perform services of any type that the Company can render ("Services") for any person or entity who paid or engaged the Company for Services, or who ...
In Florida, for most industries, a non-compete agreement can be enforced for two years. Geographical Scope: The geographical area where the restrictions apply must be defined and reasonable. The non-compete agreement shouldn't prohibit the employee from working in areas where the company doesn't operate.
You are free to perform and conduct business as you see fit. In fact, California law prohibits the use of non-competes. Employers are liable for offering or forcing you to sign it.
Non-solicitation agreements are often used in employment contracts to protect an employer's business interests. However, California courts have held that these agreements are void and unenforceable because they restrain trade in violation of public policy.
Typical exceptions allow for the hiring of personnel who (i) have been terminated by the disclosing party, (ii) contact the receiving party directly (without any prohibited solicitation), or (iii) respond to general solicitations, such as advertisements, that are not directed at the disclosing party or its employees.
With respect to agreements that prohibit a departing employee or seller of a business from soliciting employees, such restrictions are generally enforceable. With respect to agreements that prohibit soliciting suppliers, such agreements are generally unenforceable under Florida law.
Non-compete agreements and other restrictive covenants are enforceable against independent contractors and business sellers in Florida provided the statutory criteria is met. If you are classified as an independent contractor, you should also consult with an attorney to determine if the classification is proper.
Non-compete/Non-Solicitation agreements are enforceable to the extent that they are necessary to protect a party's legitimate business interests.