If you could ask me one question about independent contractors and non-compete agreements, what would it be?
- Are they enforceable?
- Are they a good idea?
- A bad idea?
Hey buddy, that’s three questions, not one.
As for enforceability, that will vary state by state. A recent federal decision involving an independent sales contractor found his non-compete agreement to be unenforceable. The court found that (1) it was not reasonably necessary to protect the company’s business, and (2) the burden on the sales contractor was out of proportion to the benefit to the business. The decision applied Iowa law, though, so unless you have contractors in the Hawkeye State, you might not really care.
Each state applies a somewhat different test for determining whether non-competes are Continue reading