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Non compete for independent contractor

Asked about 3 years ago - Atlanta, GA

i am an independent contractor, speech therapist. i have a non-compete clause stating that i will not get a government contract to work in the county that i live. i would like to go out on my own and get this government contract. all potential clients go through this government service, so there is no way to not use this government contract. i could go work for someone else, probably being forced to sign another non compete in the same language. i was wondering if being an independent contractor had any bearing on the enforceability of this non-compete clause. also, if i were to violate this clause and get sued, what would i be getting sued for?

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Attorney answers (1)

Jon W Van Horne

Reputation Level 8

Answered about 2 years ago. Government Contract Attorney in Gaithersburg, MD.

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Usually, non-compete clauses in employment contracts apply whether one becomes an independent contractor or works for another company. However, the result in your depends on the exact language in your contract and the law in your state. While non-compete clauses are very common, some states put restrictions on what kind of post-employment restrictions can be enforced. This is a situation where you should consult a local attorney experienced in employment law matters before you take any action. Violation of an enforceable non-compete clause gives rise to a breach of contract claim.

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