QUESTION
I signed a 1099 IT consultant non compete on contract that went to new company
Asked on Jul 22nd, 2014 on Employment Contracts - Virginia
More details to this question:
Consultant shall not seek business independent of companyA from customers that companyA has tasked New company has not provided me a purchase order to perform work. Old company offered me job on another contract with same government agency. can i take offer from old company since new company has not tasked me yet? I am not liking new company and don't think they will really give me 40 hours week work. Here is what I signed. Consultant shall not seek business independent of NewCompany from customers that NewCompany has tasked Consultant to support during the term of this Agreement and for a period of one (1) year following the termination of this Agreement, and shall refrain from competing with NewCompany either as a Prime or Subcontractor for work efforts associated with the aforementioned customers.
1 ANSWER
Virginia courts review noncompete agreements based on the time duration, geographic scope, and activities restricted. If the agreement is overly broad, it’s unenforceable in its entirety. These tend to be very fact-specific and depend on what your skills are as well as how big NewCompany is.
As this is a consultant contract, as opposed to an employee contract, the employer probably has the advantage.
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Answered on Jul 28th, 2014 at 3:40 PM