QUESTION

Does employee noncompete contract apply to independent contractor?

Asked on Jan 17th, 2013 on Business Law - California
More details to this question:
I work as an independent contractor, I have my own business, providing graphic design services as an independent contractor. I had a client in the same field that had me sign a noncompete contract effective for 2 years after employment. I stopped working with the company last month and they emailed me demanding that I remove any work that I have done for other clients. Can they legally make me remove all work and not work in my field for 2 years? Any legal advise would be greatly appreciated!
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2 ANSWERS

Business Transactions Attorney serving Los Angeles, CA at Doland & Fraade
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The non-compete provisions are almost certainly unenforceable in California. Removing the work done for "other clients" is very unclear as to your meaning or question.
Answered on Jan 24th, 2013 at 1:44 PM

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Appellate Practice Attorney serving New York, NY
In most states, I would not be able to answer this question, because the enforceability of a non-compete agreement turns on very fact-specific questions, and every situation is different.  California, however, has very strict laws against non-compete agreements (with some exceptions, such as where trade secrets are involved).  You should look at California Business and Professionals Code Sections 16600, 16601, and 16602.  There are even California cases which have held that it is an unfair trade practice for a company to try to enforce a non-compete agreement (known as a restrictive covenant) against a California employee.  Unless there are circumstances of which I am not aware, I don't think that the California courts would make you stop working in your field for 2 years.  As for "removing all work", I'm not sure what you mean.  If you mean to stop displaying work you have done for other clients on your website or promotional materials, I do not think that they can prevent you from doing this; it might be a different story if it was work you had done for them.
Answered on Jan 18th, 2013 at 4:01 PM

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