Legal Question in Employment Law in New York
Would this non-compete be void / breakable?
I had signed an 'independent contractor' contract as 'owner' on behalf of my corporation, a corporation I was essentially forced to create in order to be paid from the company i worked for. The contract says its between the company i was working for, and my company. The contract has a clause for no-compete of two years along with an injunction clause. The nature of my job would easily be seen as a employer-employee relationship. Could this contract be void in its entirety or at least the non-compete because of that fact? Or could I get out of it by selling or dissolving the corporation that I signed on behalf of?
2 Answers from Attorneys
Re: Would this non-compete be void / breakable?
It is possible that somewhere in the agreement there is language that extends the conditions of the contract to you individually as well. I would not take any action in breach of the non-compete provision until I had an attorney review the agreement to make sure you are on solid ground, otherwise you may very well end up in court. Please feel free to contact my office if we can be of any assistance in this matter.
Re: Would this non-compete be void / breakable?
Your agreement sounds like it is between a company and it's vendor, but an attorney should look at the contract before you make any decision to compete with the company for which you used to consult.
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Good Luck.
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