If you are terminated from an independent contractor agreement, does the non-compete clause remain?

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If you are terminated from an independent contractor agreement, does the non-compete clause remain?

I signed 2 IC contracts and 1 employee contract. I quit my employed position which in turn led to the termination of the IC agreements. I requested copies of all contracts but have yet to hear from them. Is there a timeline? Can I start my own thing legally since I requested and did not receive an answer?

Asked on January 30, 2017 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When a worker signs a non-compete agreement, the enforceability of the document does not depend on why they leave the company. In other words, whether they voluntarily leave or are fired, they still cannot go and work for a competitor. The employer still has trade secrets that it does not want to let go to a competitor and when employees are fired, they may be angry and more likely to give up certain trade secrets, etc. Due to this, most non-competes are still in place even if the worker is terminated.


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