Sometimes companies require both a non-invitation agreement and a non-competition agreement. The two agreements are similar, but they are different. Take the case of Jill Jones (no real person or company) who worked as a marketing manager for Kartun Copies LLC, which manufactures and sells materials for social benefits. The consulting contracts also prohibited independent contractors from asking a Metis employee or contractor to terminate, among other things, their employment or any other contractual relationship with Metis during the term of the consulting contracts and subsequently for two years. The geography of the non-competition clause must be documented and appropriate. The independent contractor may be limited to a site within the state (county or city) that did the work, but the geographic area cannot be irrational. Factors that determine geographic area critical importance of these services to the employer`s business. Non-requirement is one of three types of restrictive agreements, the other two being non-competition and confidentiality agreements (confidentiality agreements). All three try to limit or force someone not to do something, either during the job or after. To be enforceable, they must have appropriate schedules, surfaces and ways of working.
In 2017, the Metis Group hired two defendant doctors as independent contractors to serve a lump sum purchase contract (BPA) awarded to the Metis Group and others by the U.S. military to provide psychological services. This BPA authorized the military to acquire psychological services through mission orders assigned to any company receiving BPA. As a condition of its commitment as an independent contractor, the Metis Group required physicians to agree in their consulting contracts not to provide „professional psychological services“ to the military, except through the Metis Group for the duration of the consulting contract (which was on written notification until termination by one of the parties). Although the aforementioned provision was characterized as „non-appeal“ in the consultation agreement, the Tribunal found that it was indeed a non-competitive provision and re-examined it as such. Similarly, the Court of Justice criticized the non-requirement of the workers and contractors provisions, i.e. it is not limited to the invitation of workers or self-employed contractors working in the same field, and also limits the appeal of non-competitors. Cases such as this illustrate the importance of having independent contract contracts with clear rules regarding compensation and non-advertising of existing customers. If your company needs help in developing these types of agreements, you should immediately speak to a qualified florida employment lawyer. Competition bans and non-injunctions are valuable tools for Florida employers who want to protect their legitimate business interests.