Legal Question in Employment Law in Georgia
Ind. Contractor- Restrictive Covenants
I am an independent contractor with a company that has placed me in a public school system. I do not wish to renew my contract w/this company next year, and want to contract directly w/the school sys. I do not have a non-compete clause, but there is a restrictive covenant that states: Confidential info constitutes a valuable trade secret of the Co., and Contractor agrees that for a period of 24 months no confidential or trade secret of the Co. will be disclosed, divulged or used for any purpose, indirectly or directly...which Confidential info includes but is not limited to Co. manner of doing business,names and addresses of customers and prospective customers,and names and addresses of Co. solicited by the Co. Confidential info shall not include any info (i)known by Contractor prior to execution of any agreement with Co., or (ii) lawfully obtained by Contractor from some source other than the Co., and Customer of the Co. of any Contractor employed by the Co.
What would the ramifications be if I contracted with the school system on my own? And if I started my own company, could I contract though that without getting sued, or violating anything?
Thank you for your help!!
1 Answer from Attorneys
Re: Ind. Contractor- Restrictive Covenants
You would need to have an attorney review the entire agreement to give you a complete answer on the implications with contracting directly with the school system. That being said, a person is generally free to work with/for whomever absent a contractual restriction. So, if there is no non-compete, you should be free to work with the school directly. Confidential information is a different issue.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
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