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Just found out my 'standard' non-compete clause is basically unenforceable in my state | Contract Clause Check - Freelance Forum - The Community for Independent Professionals

faith_lopez•6mo ago

Just found out my 'standard' non-compete clause is basically unenforceable in my state

I've been signing freelance contracts for years, always skimming over the non-compete section because I figured it was just boilerplate. The one I signed last month for a six-month project in California had the usual line about not working with similar clients for a year after. I was about to turn down a great new offer because of it. Then my friend, who's a paralegal, asked to see my agreement over lunch. She pointed at the clause and laughed, saying California law makes those almost impossible to enforce for independent contractors. I felt like a total fool. I'd been limiting my own income and turning down work based on a scary paragraph that had no real teeth here. All that worry for nothing. Has anyone else in a state with strict non-compete laws had to push back and get that section removed before signing?

4 comments

4 Comments

dylanwells5mo ago

Ever notice how many rules are just there to scare us, like @the_thomas said?

piper_garcia236mo ago

Tyler_morgan is right about the copy and paste thing, but I still ask them to take it out. It takes two seconds to say "this clause doesn't work in my state" and it sets a better tone. You'd be surprised how often they just delete it.

tyler_morgan6mo ago

Yeah the "scary paragraph" thing is real but sometimes I wonder if it's even worth fighting to remove it. Like @the_thomas said, a lot of this stuff is just there to scare you. I've signed contracts with those clauses for gigs that only lasted a few weeks. The client probably forgot I existed a month later. Getting a lawyer to review every single freelance contract would cost more than the job sometimes. It feels like they just copy and paste the same scary legal stuff to see who actually pays attention.

the_thomas6mo ago

Honestly, that's wild. I bet a ton of people don't even know to check their own state's rules on that stuff. Makes you wonder what else in those contracts is just there to scare you.

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