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Non Compete for IC

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achievements

Junior Member
What is the name of your state (only U.S. law)? FL, but working in VA
Issue:
I am an Independent Consultant, working with through a recruiter agent that contracted with the client (hospital) I am working with. I am now reading that my contract has a non-compete for TWO YEARS, that I may not be employed (in any format) with any of the agent's client (he is national). My "working obligation" contract expires in end of August. I am being offered another contract by another recruiter (that also gets served by the the first agent). Will I not be able to serve under the second recruiter, even though it was not offered to me by him originally? I am in the health IT business.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


pattytx

Senior Member
Have the agreement reviewed by a local attorney versed in employment law. Noncompetes are specific as to details and state laws vary. It is likely that the time period and the geographic area are both too broad to make the agreement enforceable, but only a Florida attorney can tell you that for sure.
 

Betty

Senior Member
Florida law, while strictly construing noncompete agreements against enforcement, does allow for such agreements. They must be in writing; reasonable in time, geographic area, and line of business; and reasonably necessary to protect one or more legitimate business interests. Courts will
presume any restraint six months or less in duration to be reasonable and more than two years in duration to be unreasonable.

That gives you an idea of Florida's position on noncompetes but you do need to take the agreement to an attorney, as suggested by Patty, for review & advice.
 

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