Non Compete Clause Concerns

Summary

Non-compete clauses for 1099 contractors in New York can be enforceable if reasonable in scope, geography, and duration. They should not be hidden in contracts. The provided clause includes non-compete and non-solicitation provisions, restricting solicitation of customers or employees for two years post-contract. If you feel these restrictions may impact your future opportunities, consulting a legal expert is advisable to understand enforceability and implications.

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Kyla
Hi Kyla! How can I assist you with your legal issue today?
Is this basically a non compete clause?
A non-compete clause typically restricts an employee from working with competitors or starting a similar business within a certain period and geographical area after leaving a company. If you could share the specific language or terms of the clause, I can provide more precise information.
As a * contractor can a business put a hidden non compete clause in a contract?
Hey Kyla! In New York, a non-compete clause for a * contractor can be enforceable if it's reasonable in scope and duration. However, it shouldn't be hidden. Contract terms need to be clear and transparent.
Do you have any specific language or terms you’re concerned about in your contract?
RESTRICTIVE COVENANTS. a. Contractor recognizes that in the course of his/her provision of Services to Game On, Contractor had and will continue to have access to a substantial amount of confidential and proprietary information including, but not limited to, client names and contact information, and that it would be detrimental to the business of Game On, and have a substantial detrimental effect on the value of Game On if Contractor were to compete with Game On or any of its affiliates during or upon the expiration or termination of this Contract.
Case Rating: *
Hey Kyla! This section does seem to impose a non-compete obligation on the contractor. In New York, such clauses must be reasonable in scope, geography, and duration. If you feel this clause is overly restrictive or unclear, you might want to consult a legal expert.
Do you have any concerns about how this clause could affect you?
b. Contractor hereby covenants, warrants, represents and agrees that during the Term of this Agreement and for a period of two (*) years after its termination (the “Restricted Period”), Contractor will not, either directly or indirectly, on his/her own behalf, or through, on behalf of, or in conjunction with any person, persons, partnership, association or entity: (i) divert or attempt to divert or solicit any existing customer of Game On to any competitor by direct or indirect inducement or otherwise; or (ii) employ or seek to employ any person who is at that time, or during the prior twelve (*) month period was, employed by Game On or any affiliate or subsidiary of Game On, or otherwise directly or indirectly induce or solicit such person to leave his or her employment.
Case Rating: *
Hey Kyla! This clause does seem to include non-compete and non-solicitation provisions. It restricts you from soliciting Game On's customers or employees for two years after your contract ends.
Do you feel this clause might limit your future job opportunities or business activities?
Yes
Case Rating: *
Hey Kyla! It sounds like this clause might significantly impact your future job opportunities or business activities. You may want to discuss this with a legal expert to understand the enforceability and potential impact of these restrictions.
Would you like to be connected to local lawyers who can better assist you with your case?
No
Case Rating: *
In New York, non-compete clauses must be reasonable in scope, geography, and duration. If you have concerns about this clause, it's advisable to consult a legal expert for personalized advice. If you change your mind about connecting with a lawyer, feel free to reach out.