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This again (non-compete)
  
 
tsaphoto
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p.2 #1 · This again (non-compete)


Arka wrote:
As a matter of judicial policy, non-competes are difficult to enforce in CA (though not impossible). Not so true on the East Coast (NY or MA).


Post-term noncompetes are void by statute in CA (Bus. Prof C. 16600). They can be enforced in limited ways through the use of NDAs and trade secret restrictions, or occasionally through creative venue and jurisdiction clauses in contracts.

NY recognizes "reasonable" noncompetes that aren't too restrictive. For most states, "reasonable" means proper limitations on the time and geographic restrictions. I don't practice in NY, but I expect the 2-year term and 8-mile restriction were chosen to comply with the law.



Sep 28, 2013 at 06:10 PM
Michael White
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p.2 #2 · This again (non-compete)


I'm not understanding something. I missed why the company is sending you a non compete document in the first place are you or have you been under contract with the company. If not blow it off, if you are then you have to work it out with the company. If you were then pull out you contract and see if it addresses a non compete clause and if so for how long. Best thing in that case is get a lawyer to finalize the previous contract. If you are under a current contract negotiate for more time with the company or a clause that will allow you to earn money teaching the workshops.


Sep 30, 2013 at 04:46 PM
Littleguy
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p.2 #3 · This again (non-compete)


This sounds really odd - non-competes are used for employees.

It doesn't sound like you are an employee - you are a contractor - contractors are supposed to work for different companies / people.

Tell them you would love to sign their non-compete clause if they would make you a full time employee.



Sep 30, 2013 at 08:13 PM
TT1000
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p.2 #4 · This again (non-compete)


Littleguy wrote:
This sounds really odd - non-competes are used for employees.

It doesn't sound like you are an employee - you are a contractor - contractors are supposed to work for different companies / people.

Tell them you would love to sign their non-compete clause if they would make you a full time employee.


It certainly won't help the argument if some Govt entity challenges you that someone is an IC and not an employee for the reason you note.

http://www.mondaq.com/unitedstates/x/246534/employee+rights+labour+relations/No+No+No+Your+Independent+Contractor+Cannot+Sign+A+Noncompete+Never+Ever



Oct 04, 2013 at 06:31 AM
colinm
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p.2 #5 · This again (non-compete)


Littleguy wrote:
This sounds really odd - non-competes are used for employees.


Non-competes aren't that uncommon as a contractor. They're often lumped in with an NDA, as both tiny companies using boilerplate and enormous companies with teams of superlawyers apparently expect you'll figure out their secret (ha ha ha) inner workings and then run with it to their competitor or for yourself.

This is what happens when paranoid lawyers draw up the contractor contracts, nobody in the company understands contractors, and contractors blithely sign the terrible contract.

I strike them as a matter of course and have never had to offer more than "I'm a freelancer and that would make me unhireable and destitute." That this company is being so insistent about it is concerning. I'd definitely want their offered clarification in writing.



Oct 05, 2013 at 10:57 PM
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