Are non-compete clauses valid if your position is an independent contractor?
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Are non-compete clauses valid if your position is an independent contractor?
This is in a niche publishing business of magazines that serve the legal and healthcare profession and industry. The non-compete clause states:No solicitation of customers or subscribers. During the term of this agreement and for a period of 2 years thereafter, Contractor shall not take any action, directly or indirectly, or through third parties, which could reasonably result in customers, advertisers or subscribers obtaining services or magazines related to the Legal and Healthcare profession and industry from any other person or entity other than (this particular company).
Asked on April 25, 2013 under Employment Labor Law, Minnesota
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Under the laws of most states in this country a non-compete clause with an independent contractor or an employee is not valid. What you have written about is a "non-solicitation clause" which is valid as written. However, if a customer comes to you as opposed to you soliciting the customer, work for that customer would seemingly be allowed.
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