I signed a non-comp agreement as an independent contractor for my last job. I am not able to work within 20 miles of the 3 locations.The bus...

Question

I signed a non-comp agreement as an independent contractor for my last job. I am not able to work within 20 miles of the 3 locations.

The business has currently shut down. One location has been sold and the other 2 are for sale, but may remain closed permenantly.

Is the non-comp still enforceable?

Answer

If we are talking about CA, the non-compete was likely not enforceable the moment it was drafted. CA courts will not enforce non-competes between employers and employees, which is interpreted to include ICs as well. There are certainly factors and circumstances that can affect any legal outcome such as when it appears the non-compete was between two business partners and plaintiffs are still within their rights to file a legal action, which of course can cost you money just to answer it, so talking with a lawyer in private and having the agreement reviewed is the only way to get specific legal advice here.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

Answer

I agree with Mr. Natoli. Very few noncompete clauses are ever found valid by the courts in this state.

Answer

If there is no one to enforce it against you, then it doesn't much matter if it is enforceable.