IT Employment

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Non-Compete clause

By robw ·
I am a Systems Integrator who often subcontracts to other techs. I'd like to protect myself so the people I hire do not try to take my clients away. Is a non-compete the way to go? Any examples?

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by dzilm In reply to Non-Compete clause

A good example might be to take a look at your prior employment contracts. Most IT employment contracts include such clauses these days.

6 months after the end of any project has completed might ge considered reasonable.

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Type of Agreements

by Pr0x1 In reply to Non-Compete clause

A non-compete is one form you could try, but they can easily be violated and the only thing you can do is cease and desist, with no room for compensation. A one-on-one contract is better, custom for the individual contractor, but if you cannot afford a lawyer, buy a Family Lawyer software product, they all have them, and they are pretty good. Otherwise, if you are working with another subcontractor providing more than 1 person, use a Teaming Agreement or a Services Agreement that includes a section that includes something like the following:

1. Throughout the term of this Agreement and for a period of one (1) year thereafter, neither party hereto shall solicit for hire any employee of the other party encountered in connection with this Agreement.

2. Neither party shall assign, sell, transfer or in any way encumber its interest, rights or obligations under this Agreement without first obtaining the written consent of the other party hereto except as otherwise provided herein.


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