Want to get legal advice on doing a freelance project. I am currently working for a company that had me signed a

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Customer: Hello, want to get legal advice on doing a freelance project. I am currently working for a company that had me signed a non-competition agreement. Just want to know if I can do the freelance work.
JA: How long does the non-compete last? Is it limited to certain cities or states?
Customer: 12 months after my employment ends but I also want that I continue to work there.
JA: Where are you located? Non-compete laws vary by state.
Customer: Alberta, Canada
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No! Please connect me with a lawyer
Answered by Debra in 1 min 1 year ago
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Debra
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Debra
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10+ years of experience
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Debra
10+ years of experience
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166246 Satisfied customers

Jessica

Jessica

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

Customer
Hello,I want legal advice on doing app development projects either by freelancing or by opening a company. My issue is I am currently working for an IT company which offers the same service but haven't done any project yet. However, they have signed me a noncompetency agreement. Just want to know if I can legally do it or not. The clause which bothers me is as follows.
"During the Employee’s employment and for a period of twelve (12) months after
this Agreement is terminated, the Employee shall not, either alone or in
partnership or with any other person, firm or corporation, as principal, Employee,
agent, shareholder or in any other manner carry on or be engaged in or concerned
with or interests in, directly or indirectly, or advise, lend money to, guarantee the
debts or obligations of, or permit his name or any part thereof to be used or
employed by any person, firm or corporation engaged in or interested in any
a business which sells, licenses, distributes or otherwise markets programs or other
products that are competitive with those of the Company.".The doubt I am having is the clause prohibits me from doing a job or business that sells the same kind of products. However, what I will be offering is a service in my business.
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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

I am sorry to hear of this difficult situation.

Well you were agreed not to work in a competitive way while working for this company so you will be in breach of your non-competition agreement if the freelance work you do ends up being for someone that is a competitor.

Do you see what I mean?

Customer
freelance I am doing is not for any IT or software company. I got this project on my own from a immigration and consultancy firm.
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Debra, Expert

Well you are fine so long as you're not working for a competitor!

Customer
I can do this right!
Customer
Just one more thing I talked with my current employer he said it will be a breach of the contract.
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Debra, Expert

You can ask him why you would be in breach of the contract when you are not competing.

Customer
He said to me the contract says you cant work alone
Customer
34;During the Employee’s employment and for a period of twelve (12) months after
this Agreement is terminated, the Employee shall not, either alone or in
partnership or with any other person, firm or corporation, as principal, "
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Debra, Expert

That's just part of the provision. You didn't agree not to work at all. You agreed not to work if you would be competing.

Customer
doing a solo project is not competing?
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Debra, Expert

It could be competing. It depends what you're doing but what you're saying is that you're not doing anything related to your main job.

Customer
My current company do offer App development. I am basically the one who deals with these projects. But this project i will be working as freelance is nowhere related the projects thats coming to the company
Customer
I am sorry I am bothering you much but I need some clarification before I proceed with the freelance work.
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Debra, Expert

You are not bothering me but what I'm trying to explain is that you are not restricted from working but you can't be working in a competitive field. If you're not then you're fine and your employer is incorrect.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer.   If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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