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  1. #1

    Default Can an Employer Require a Revised Non-Solicitation Agreement

    My question involves independent contractors in the state of: Florida
    I'm an Independent Contractor in the Healthcare Field.
    I was hired to perform a service for a certain healthcare company. Our contract states in the "Non-Solicitation Agreement" section, i won't solicit any clients, directly or indirectly, nor any employees and disclose any company information.
    It seems to me pretty standard. In addition, there is a "Good Faith Agreement" section, that generally states; if there are any changes, we would renegotiate only if both parties agree. This is a 2 year agreement, and has not expired.

    Here is my issue.
    I was confronted, with a new "Non-Solicitation Agreement" . The verbiage is exactly the same. However, this time it states, that if I don't sign the agreement, they will terminate me from the practice 'immediately', and if they feel I have violated the agreement, they will impose legal action against me.

    I'm not signing it. However, are they violating our original agreement ? Shouldn't our original agreement remain valid, since I obviously don't agree ?

    thank you,

  2. #2
    Join Date
    Oct 2006
    Posts
    15,411

    Default Re: Non-Solicitation Agreement

    Quote Quoting Semperfi1775
    View Post
    My question involves independent contractors in the state of: Florida
    I'm an Independent Contractor in the Healthcare Field.
    I was hired to perform a service for a certain healthcare company. Our contract states in the "Non-Solicitation Agreement" section, i won't solicit any clients, directly or indirectly, nor any employees and disclose any company information.
    It seems to me pretty standard. In addition, there is a "Good Faith Agreement" section, that generally states; if there are any changes, we would renegotiate only if both parties agree. This is a 2 year agreement, and has not expired.

    Here is my issue.
    I was confronted, with a new "Non-Solicitation Agreement" . The verbiage is exactly the same. However, this time it states, that if I don't sign the agreement, they will terminate me from the practice 'immediately', and if they feel I have violated the agreement, they will impose legal action against me.

    I'm not signing it. However, are they violating our original agreement ? Shouldn't our original agreement remain valid, since I obviously don't agree ?

    thank you,
    Yes, they are violating your original agreement. Get a consult with an attorney.

  3. #3
    Join Date
    Nov 2013
    Posts
    6,288

    Default Re: Non-Solicitation Agreement

    Quote Quoting Semperfi1775
    View Post
    My question involves independent contractors in the state of: Florida
    I'm an Independent Contractor in the Healthcare Field.
    I was hired to perform a service for a certain healthcare company. Our contract states in the "Non-Solicitation Agreement" section, i won't solicit any clients, directly or indirectly, nor any employees and disclose any company information.
    It seems to me pretty standard. In addition, there is a "Good Faith Agreement" section, that generally states; if there are any changes, we would renegotiate only if both parties agree. This is a 2 year agreement, and has not expired.

    Here is my issue.
    I was confronted, with a new "Non-Solicitation Agreement" . The verbiage is exactly the same. However, this time it states, that if I don't sign the agreement, they will terminate me from the practice 'immediately', and if they feel I have violated the agreement, they will impose legal action against me.

    I'm not signing it. However, are they violating our original agreement ? Shouldn't our original agreement remain valid, since I obviously don't agree ?

    thank you,
    If the verbiage is the same between the two contracts, what is your objection to signing the new one? It appears that you are making a mountain out of a molehill and you could lose your position with the company over nothing. If you hadn't signed the original agreement, you wouldn't have gotten the job. What is your point?

  4. #4
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,919

    Default Re: Non-Solicitation Agreement

    Quote Quoting budwad
    View Post
    If the verbiage is the same between the two contracts, what is your objection to signing the new one? It appears that you are making a mountain out of a molehill and you could lose your position with the company over nothing. If you hadn't signed the original agreement, you wouldn't have gotten the job. What is your point?
    Agree. They could have undertaken legal action against you at any time before this new agreement was presented to you. Just because undertaking legal action wasn't spelled out in the original agreement doesn't mean they didn't have the freedom to do it. They're just spelling it out now.

  5. #5

    Default Re: Non-Solicitation Agreement

    Quote Quoting budwad
    View Post
    If the verbiage is the same between the two contracts, what is your objection to signing the new one? It appears that you are making a mountain out of a molehill and you could lose your position with the company over nothing. If you hadn't signed the original agreement, you wouldn't have gotten the job. What is your point?
    I'm in independent contractor; so, yes this is a big deal. The client felt that a new agreement was needed, because I want to scale my own business. I am abiding to the original contract. however, they think otherwise. We also have a "good faith agreement" section that states, shown below. So, for the client to force me to sign a new agreement, is unjust. And, I don't have to sign it.

    My Question was: are they violating our original agreement ? Shouldn't our original agreement remain valid, since I obviously don't agree ?

    After submitting this thread, I was able to contact an attorney. And they believe they are violating the original agreement.

    Good Faith Agreement:
    This agreement has been negotiated under the implied covenant of good faith and fair dealing. It may be presumed that both parties have negotiated honestly and fairly, and in good faith. Should an unavoidable emergency surface, both parties agree to approach one another in an urgent manner in order to offer an amended solution. This agreement may be renegotiated and amended prior to its expiration should circumstances change so long as both parties agree to any proposed new terms.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,646

    Default Re: Non-Solicitation Agreement

    There isn’t close to enough information to answer your question. Have your attorney read over the entire contract and the new contract and advise you. For all anybody here knows there’s a green sock requirement on Wednesday’s you have not complied with.

    A contract must be taken in whole. You can’t parse sections and ask; what if.

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