Legal Question in Employment Law in Virginia

Non-compete clause for independent contractors
I signed an contractual agreement to work as an independent contractor (IRS 1099)in June. The scope of my responsibilities was very broad: ''research and evaluation,'' but in the 5 months with this group, I did no research (in fact, the Director decided 2 weeks ago that ''research would be put on the back burner.'' I am a researcher in the criminal justice system who wasn't doing any research.
2 days ago we mutually agreed that I would exercise my option to withdraw from the contract. The non-compete clause is for 1 year, and covers a 50-mile radius of ''any location where the independent contractor performs duties for the organization'' and also states that I will not attempt to sell, license, or provide the same or similar services as are now provided to any customer or client of'' this organization.

I have already been offered a position with a company that would be considered ''the competition,'' but I would in fact be doing research. My work is very specialized. It seems the clause is unreasonable, as it prohibits me from doing the work I am trained to do and makes it impossible to get a job in my chosen field. Since I didn't conduct research for the first group, can I take the job with the new organization? Thank you.

Asked on 12/03/04, 10:24 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Non-compete clause for independent contractors

If you thought that the clause in the contract was

unreasonable, why did you sign it?

Sure, you can take the job with the new organization, but if you're sued for violating the noncompete clause, I would predict that the

decision of the Virginia court would likely be adverse to your position.

Answered on 12/04/04, 12:17 am

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