Legal Question in Employment Law in Delaware

Enforceability of Non-Compete Agreement

I have a couple of questions. Firstly, I

was just given a new contract by my

current employer that includes a non-

compete clause stating that I cannot

work for another company that directly

competes with my employer for 3 years

from termination of the agreement. I

am a consultant that writes reports for

clients. Say, I decide I want to start a

web-based business that targets the

same group. But, I would not be using

any of my current employer's resources,

information, or tools. In other words,

this website may indirectly compete

with my current employer - the services

provided by the website are not perfect

substitutes of those provided by my

current employer. One other piece of

relevant info - we were not offered any

additional compensation in conjunction

with the clause. Finally, I have been

employed as an independent contractor

up to this point - so the only difference

in the new contract is benefits (health

care). In this case, would

the non-compete clause be

enforceable?

1 Answer from Attorneys

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