Can a company have an independent contract sign a non-compete in Indiana?

I am interviewing a candidate -- who was a 1099 for another company. He was released.

1 answer  |  asked Sep 7, 2016 2:52 PM [EST]  |  applies to North Carolina

Answers (1)

Chris Wilms
Non-compete agreements are restraints on trade, which are generally disfavored by the law. Accordingly, non-competes must be narrowly tailored to be enforceable. Whether this particular one is enforceable will depend upon its terms. Much of it is fact specific, but reasonableness in geography and time, protecting a legitimate business interest, consideration being provided for it, and other factors are things to be considered in determining the validity. It may help to have a lawyer thoroughly review it to determine the risks involved, if any

posted by Chris Wilms  |  Sep 7, 2016 7:00 PM [EST]

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