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: Second Opinion] 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 ToLawyer in 19 mins 1 year ago
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ToLawyer, Expert

Welcome and thank you for choosing Just Answer! My name is***** am a lawyer in Canada and would be happy to assist you. I am sorry to hear about your legal troubles. Please be advised that I am working from my computer and may not always be available immediately. Rest assured, I will get to your response as fast as I am able.

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.".
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ToLawyer, Expert

A non-compete is purely a contractual creature. It follows whatever the contract says.

However, if a breach of a non-compete occurs, it will be up to the court to determine whether the non-compete is reasonable. This will depend on various factors such as:

1) How much does your position expose you to internal business dealings of the company

2) Whether the time of the non-compete is reasonable to protect the company's interests

3) Whether the radius of the non-compete is reasonable to protect the company's interests

4) a balance of the company's interests vs your freedom of mobility to work.

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ToLawyer, Expert

You likely cannot start your own freelance project in a competing business. That will be a direct violation on the non-compete. Although that non-compete does not have a radius and may be deemed unreasonable.

Customer
I actually want to do a freelance solo project which I got from an immigration firm, not from a competing business. My current company also offers app development but the solo project I will be working on is not related to any of the projects the company is doing or about to do.
Customer
could you tell me if this is gonna breach the contract
Customer
could you tell me if this is gonna breach the contrac
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ToLawyer, Expert

Hi there, that could be a breach of contract. If the company you are working for is able to offer the services that you are doing, you are in direct competition against your employer, while working for them.

I would recommend you ask for permission, they may not necessarily say no.

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ToLawyer, Expert

I am happy to assist you with this question, if you have further questions in the future, you can always open a new question and request me to answer it. Best regards.

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