independent contractor held to non compete agreement
I am an independent contractor in a hair salon. I sign a lease annually. There is a non compete clause in this lease, stating that I cannot work within a 10 mile radius for a period of 3 years. I have not been compensated in any manner, training or otherwise. Actually, my landlord is not my employer, I merely lease a space, and have been there 7 years. What are my options? Thanks. Patty
2 answers | asked May 26, 2004 6:43 PM [EST] | applies to Texas
Answers (2)
Non-Compete
The type of agreement you describe is likely to be found too broad to be enforceable as written. Your attorney may be able to overcome it all together or to get a judge to narrow the scope of the non-compete clause (for example: reduce it to a 2-mile radius for 6 mos.) These types of contracts are very fact specific and a lawyer will need to read the agreement and discuss the facts with you in greater detail before reaching a definitive conclusion. For more information, visit our website:
http://www.mckinneylaw.net
McKinney & Webster, P.C.
Texas Employment Lawyers
posted by Christopher McKinney | May 27, 2004 09:08 AM [EST]
The type of agreement you describe is likely to be found too broad to be enforceable as written. Your attorney may be able to overcome it all together or to get a judge to narrow the scope of the non-compete clause (for example: reduce it to a 2-mile radius for 6 mos.) These types of contracts are very fact specific and a lawyer will need to read the agreement and discuss the facts with you in greater detail before reaching a definitive conclusion. For more information, visit our website:
http://www.mckinneylaw.net
McKinney & Webster, P.C.
Texas Employment Lawyers
posted by Christopher McKinney | May 27, 2004 09:08 AM [EST]
see a lawyer
This is too important to rely on free legal advice. You should find a lawyer who knows the law backwards and forwards. And, the law about your non-compete agreement may be slightly different than that affecting employees, so make sure to ask the lawyer's staff -- when you call for an appointment -- if the person feels comfortable handling this legal question.
posted by Margaret A. Harris | May 26, 2004 8:12 PM [EST]
This is too important to rely on free legal advice. You should find a lawyer who knows the law backwards and forwards. And, the law about your non-compete agreement may be slightly different than that affecting employees, so make sure to ask the lawyer's staff -- when you call for an appointment -- if the person feels comfortable handling this legal question.
posted by Margaret A. Harris | May 26, 2004 8:12 PM [EST]
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