Is there a difference in non-compete agreement scope for contract versus full-time employees?

I am negotiating to become a independent contract salesperson for a software company in a niche industry. They are drafting a non-compete agreement but I will be a contractor, not an employee. Are the enforcement and other aspects the same?

2 answers  |  asked Mar 24, 2010 08:57 AM [EST]  |  applies to California

Answers (2)

Elisa Ungerman

posted by Elisa Ungerman  |  Mar 24, 2010 12:19 PM [EST]
Janet M. Koehn
No. Noncompete agreements are not enforceable against employees or former employees in California. They may be enforceable against independent contractors, particularly if you incorporate. Furthermore, you may not be properly classified as an independent contractor if you have been treated as an employee previously.

You need to find an attorney experienced in employment law in your area, and pay her/him the appropriate fee to obtain good solid advice before you sign that agreement. You can find one in your area at the California Employment Lawyers Association's website, There are many experienced and competent attorneys in your area.

posted by Janet M. Koehn  |  Mar 24, 2010 09:16 AM [EST]

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