Independent Contractor Agreement
Can I provide services to the client company as a corporation in CT, NY and/ or PA?
I am currently employed as a Construction Manager by a manpower supplier company to their client with a one-year non-compete/ solicit clause. I identified a need for technician services and want to register as a technician service supplier to the client. Client supplier conditions require that I disclose any current work with them, which is ok. Work locations for the technician services will be Connecticut, New York, and Pennyslyvania. Can I go ahead with the registration since the service in question is different from my current role -Construction Manager versus technician?
1 Attorney answer
Whether or not you can provide services to a client company that you were assigned to by a manpower supplier company would depend on a few factors. 1. What state law applies as stated in the written agreement, which I assume is an independent contractor agreement? 2. What that state law establishes regarding the enforcement of non-compete agreements Business laws very from state to state regarding enforcement of agreements with employees and independent contracts; states don't like to restrict workers unless the restrictions are relevant and related to a defined and reasonable business purpose. 3. You may also be subject to state law based on where you live and where you are providing the services, regardless of what the written agreement states. 4. Non-solicitation language must be reviewed. Does your written agreement state that you cannot solicit them and does this company also have a non-solicit that they will not solicit you? You have to look at it both ways. 5. The exact language of the contract you signed will be very important, especially in how they defined the work you have been performing for that CLient you want to work for.