construction subcontractor non compete agreement
Is there a loophole in this non compete contract?
I started a Construction Business in Feb. of this year as an LLC company. Yet, due to liscensing procedures in the state I have not been able to perform any construction work. Thus, I am looking for other work in the mean time. One company that I am interviewing with gave me a non-compete and confidentiality agreement. The non-compete part states: “The employee agrees not to open or establish a company (or be a partner, member of an LLC or incorporator of a corporation) that could directly or indirectly solicit employees, subcontractors, vendors, customers of Employer, or the general public to gain sales that would compete with empoloyer in the counties and within 75 miles of any city in which he does business for a period of two years following termination.”
The rest of the non compete agreement basically restates that the employee will not open a business within those limits.
So if I quit later on, will I be held to this agreement since I already established my company.
Yes you can be held to this agreement and since you will be an employee and not a partner I would not agree to this. Construction is getting more and more competitive and you don’t want to knock yourself out of potential business when you do get set up to work on your own.
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