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The non-compete addendum I'm working on has a "no…

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The non-compete addendum I'm working...
The non-compete addendum I'm working on has a "no solicitation of employees"clause which is great and I would like to know if it would be legal to include similar clauses restricting solicitation of our other IC's and very important a no solicitation to our current vendors clause.
Submitted: 2 years ago.Category: Employment Law
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2/1/2016
Employment Lawyer: Legalease, Lawyer replied 2 years ago
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16,440
Experience: 13 years experience in employment law, unions, contracts, workers comp law
Verified

Hello again --

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This is the same answer here -- your agreements are enforceable as written in FL USA, but I cannot tell you WHAT the laws in Columbia or any other foreign country have to say about the matter in the event that any of these parties soliciting your IC workers sue you and/or your company in the courts of any foreign country.

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MARY

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Customer reply replied 2 years ago
The goal is not to enforce against IC's, the goals are:1. To have an upfront clear understanding with the IC of what the expectations are and maybe attempt enforcement if needed. It's important to note that these are long term relationships and that Latin American countries are not completely law-less and also that every year more and more international trade agreements come into place that may have a positive or negative impact on these kind of agreements so I guess is better to have them than not have them at all.2. To attempt to discourage vendors from hiring ic's that have been trained by us and/or that had access to our confidential information. Actually I was wondering if it would be possible to include wording that would further discourage the vendor such us for the ic to accept that we may collect damages directly from the vendor compensation due to them.Thanks for your time. I will make sure that you get compensated fairly to the best of my possibilities.
Employment Lawyer: Legalease, Lawyer replied 2 years ago

Hello again --

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Obviously, I have to see the language and provision before I can tell you what I think on the matter. Regarding any provision that you revise or add to the IC agreement (eg, the language for damages from the vendor) -- so long as it is enforceable in FL (or wherever the company headquarters is located) then it can be added to the agreement. However, I would have to do a bit of legal research regarding that damages provision and any other provisions that you may come up with to put into the agreement to be certain that they are all enforceable under FL law.

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In addition to these provisions and the IC agreement I can certainly take a brief look into the employment laws and civil lawsuit procedures in any one or more of these countries where you are having the IC's sign the agreements. I may or may not find the information but it might be worth taking a look to see what is out there for laws in each of these countries where you are doing business. Obviously, I cannot guarantee to you what the law is on these matters in each of the countries but it may be a starting point for you to think about as we progress into you sending the draft IC agreement to my email at marymeaden at comcast.net. The quicker you can get that agreement to me, the quicker I can take a look and then discuss the parameters of what exactly you wish to have done with the IC agreement ( Florida law will have to be checked for the non compete and non solicitation sections and any other section that you might add (such as the damages provisions you are thinking to include), then review of the document and revisions (if needed) and then you might want me to see what I can find on the laws of the other countries as well).

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Right now we are truly spinning wheels on this until I see the IC agreement and can compare it to Florida law on the subject (or the state where your company is registered to do business if not Florida).

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MARY

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Customer reply replied 2 years ago
Hi Mary,I've submitted the agreement for your review. Thanks for your offer to take a look at laws in other countries, however we do have advisors for those areas and as you will probably notice some of the wordings are to avoid "employee status" in some of those locations since the company does have local operations on different corporate and partnership forms. Our main goal is to have a contract that a) sets a clear understanding between the parties b) does not leave space for employee classification in the US or their local countries c) discourage our vendors from attempting to hire them.Your help is appreciated.
Employment Lawyer: Legalease, Lawyer replied 2 years ago

Hello again Luis --

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I will review and get back to you at some point tomorrow. MARY

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