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Roger, Attorney
Category: Business Law
Satisfied Customers: 30904
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My wife and own a nursing staffing company. My wife used to

Customer Question

My wife and own a nursing staffing company. My wife used to work for our main client as an independent contractor. She left the company to start her own staffing business and the company she was an IC for is our main client. SHe does nursing visits for the company although our corporation is paid for the work. SHe signed a non compete when she started there as a IC is she still bound by this contract because she doesnt work for the company and our company gets paid? We want to drop them as a client because they are threatening patients with lawsuits because they are asking for one nurse all the time.
Submitted: 7 years ago.
Category: Business Law
Expert:  Roger replied 7 years ago.

The non-compete is valid as to her direct competition with the main client so long as it is reasonable in duration (1-3 years is considered reasonable) and geographical area.


So long as she is not an owner or employed by your company, she should be fine. The company is not bound by her non-compete agreement so long as she is not directly affiliated with the company.


My suggestion is to have an attorney review the non-compete agreement to determine whether it is reasonable.

Customer: replied 7 years ago.
ok thanks
Expert:  Roger replied 7 years ago.
No problem and good luck!

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