Q: Noncompete clauses and Survival clauses
My boss wants me to sign a contract as in Independent Contractor that has a noncompete and also a survival clause saying that the section 8 noncompete is subject to the survival "sections 4,5, and 7 through 13 shall survive the expiration of the Term or the termination." So I can never work for another competitor again?
"The CONTRACTOR agrees that during the Term he shall not, other than in the ordinarty course of performing his duties hereunder or as agreed by the COMPANY in writing, engage in any business against the COMPANY, directly or indirectly, as an individual, partner, shareholder, member, director, manager, officer, principal, agent, employee, trustee, consultant, or in any relationship or capacity, with any COMPANY that competes directly or indirectly with the COMPANY in the state of Florida."
A:
1. I would not sign it without review from an attorney.
2. I would not sign it.
3. The terms and duration would most likely be overbroad in territory and time and not enforced.
4. Keeping a person from doing their profession or working in their state of residence is overbroad.
5. In addition, you are an Independent Contractor, obviously excessively broad.
6. Non-competition contracts are legal and enforceable in the State of Florida, but why get yourself in the headache of having to litigate the issue/matter later potentially when you can address and remedy it now by negotiating better terms or simply not agreeing to sign it.
7. The terms as written would likely not be enforced per litigation on the matter.
8. I would not sign this anyway.
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