Mississippi 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
Under Mississippi law, a non-compete covenant must not unduly restrict trade and must generally serve a legitimate, protectable business interest. When drafted properly, non-compete covenants can protect business from losing the intellectual property and client relationships they have worked so hard to build.
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.
In certain circumstances, it is possible to find non-compete contract loopholes that may void the contract. For example, if you can prove that you never signed the contract, or if you can prove the contract is against the public interest, you may be able to void the agreement.
To be enforceable, a non-compete agreement in Mississippi must be reasonable in duration, geographic scope, and the type of work prohibited. The duration of the agreement should be limited and cannot be more than two years.
Here are some tips you can follow: Talk to a Lawyer. ... Consider the Scope of the Agreement. ... Limit the Scope of the Agreement. ... Exclude Certain Activities from the Agreement. ... Negotiate a ?Severance Package? in Exchange for Signing the Agreement. ... Don't Sign the Agreement If You Disagree or Don't Understand It.
Historically, common law has governed non-competes. Generally, courts will uphold a non-compete if there is a protectable interest and the clause is reasonable. A variety of factors are analyzed to determine reasonableness.
You shall not, directly or indirectly, in any manner, solicit, entice or attempt to persuade any consultant of the Company to leave the Company in order to work for or otherwise engage with a Competing Business or otherwise participate in or facilitate the hire, directly or through another entity, of any person who is ...
Courts routinely refuse to enforce non-competition clauses where the geographic scope or timeframe is more than necessary, or where the prohibited activity includes activities that are not in fact ?competitive? with the employer, or goes beyond what the employee was doing, and what is reasonably required to protect the ...