Legal Question in Employment Law in New York
noncompete clause for freelancers
I am a freelance writer/editor negotiating a contract to edit a nonfiction book. The project is small in scope: the term just one month, the fee less than $2,000, and while perfectly respectable work, not something that's going to make my name a household word, even within this field.
The contract includes a very broad non-compete clause. The clause, inter alia, prohibits my engaging in ''any activity or business which is of the same nature as, or similar to, or competitive with the [agreed-upon] Work or with any activity or business of the'' company or its affiliates for ''the term of this Agreement and for a period of two (2) years thereafter.''
As a freelancer whose expertise lies in the same field in which the client conducts business, this clause strikes me as unduly restrictive of my right to make a living. I can try to whittle the clause down -- e.g., strike out the references to activity other than that which is actually competitive with the project, and trim the time period. But my question is whether such a clause is reasonable at all? It seems like something that belongs in a long-term employment contract, not in an independent contractor's agreement.
1 Answer from Attorneys
Re: noncompete clause for freelancers
It sounds very unreasonable and would likely be unenforceable in a New York court. Courts look at time, scope and geography when analyzing the legality of a non-compete clause.
This response should not be construed as legal advice and no attorney/client relationship is established.
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