While you can create a non-compete agreement from the bottom up, this task can be challenging. The best alternative is the use of our templates. You must adapt the form to your requirements. Once your document is completed, it is important to seek the advice of a lawyer or legal representative to avoid errors and omissions in the document. For example, if a DIY store has asked an independent contractor to design its website, the store cannot use a non-compete clause to prevent the independent contractor from designing a website for another DIY store. Legitimate business interests may include a number of things, including trade secrets, customer or customer lists, confidential customer or customer information, the goodwill that the business has accumulated over a certain period of time after activity in a given sector, and other factors. Florida law is broad when it comes to defining the term “legitimate business interest.” In this regard, it is essential to have a strong agreement with a competition agreement. If you can prove in your contract the legitimacy to protect your business interests, it is more likely that the agreement will become enforceable. When these agreements are reviewed in court, the court will consider the whole picture and you may have to defend the reasons why you enforced the non-compete clause.
If you are writing your contract, it is advisable to write it down, given the possibility that you will have to defend it in court. Legal Counsel, P.A.`s business attorney can verify your independent subcontracting agreements and design your agreements in such a way that they are more defensible if they are tried. Non-compete clauses are popular in the media and information and technology sector, as well as in the world of manufacturing, finance and business. Another important distinction between non-competition and prohibitions on debauchery is important for agreements with independent contractors (KICs). The non-competition rules are “in themselves” unreasonable in IC agreements. If a company inserts a non-compete clause into its independent subcontracting agreement, it could be a red flag for the Department of Labor (DOL) or the Internal Revenue Service (IRS), as these agencies could consider the contractor a misclassified employee (not a CI). Consequently, the reclassified employee would be subject to the various work rules and staff regulations. Companies, especially start-ups, often want to associate their ICs with non-competitors, but these companies need to be aware of these risks when trying to retain their ICs in this way. Do you need help with an independent company subcontract with a non-competition clause? Legal Counsel, P.A.
is a business firm in Orlando, Florida that can help. Our company can verify your current independent business subcontracting agreements with non-compete rules so that they can protect your business interests. Our business firm can also create your independent subcontractor contracts so that they protect your legitimate interests. Do you have any questions? We have answers….