Q: I am an independent contractor (yoga instructor) and have a signed contract for a non compete. I have a question on this
I have a contract with a women I work with stating I will not market to clients that are associated with her business. Her company markets and she hires me to then work with the clients. My question is, if a former client from her company reaches out to me on thumbtack (which then I am charged marketing for) does this breach the contract? Can I work with this client ?
A: It is not a good idea to work with this client. You don't indicate whether the client was someone that you worked with (taught) in the past for her. However, a non-compete means you cannot solicit or work with her clients while employed by or while you have an independent contractor agreement and non-compete with her. Typically these contracts are enforceable for a duration of time and within a certain radius of her establishment (this depends on the state, but 2 years and 50 miles is typically a baseline). You don't want to draw a lawsuit or lost future business over one client. Financially, its not worth it.
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