1) In general, you cannot force an independent contractor to lose his or her life simply because you rewarded him by giving him your business. Legitimate business interests may include a number of things, including trade secrets, client or customer lists, confidential customer or customer information, the value the company has built up after conducting transactions in a given area for a specified period of time, and other factors. Florida law is broad in the definition of “legitimate commercial interest.” In this regard, it is essential to conclude a solid independent contract contract with a non-competition agreement. If you can define in your contract the legitimacy of protecting your business interests, it is more likely that the agreement will be executed in an enforceable manner. When these agreements are reviewed by the courts, the court will look at the whole position and you may have to defend why you implemented the non-competition agreement. If you are writing your contract, it is advisable to write it in light of the possibility that you may have to defend it in court. Legal Counsel`s business lawyer, P.A., can audit your independent contractors` contracts and design your contracts so that they are more likely to be acceptable when judged. Yes, you can ask an independent contractor to sign a non-invitation agreement and, if necessary, a confidentiality agreement. I suggest that you be the one who treats you or signs, that you have it checked by a lawyer.
Competition prohibitions limit the ability of independent contractors to conduct transactions with other parties, which appears to be contrary to the identity of an independent contractor as a worker. The independent contractor should… independent. The independent contractor should be free to do business with multiple clients, as many independent contractors do. In particular, the non-competition agreement limits the ability of the independent contractor to perform other work, which certainly resembles the type of control an employer might have over a worker. A Memorandum of Understanding is a description of a transaction being negotiated, with agreements on how the process will progress.