Can a non-compete agreement be enforced against an independent contractor?

The answer is maybe, perhaps probably. While the Kentucky Court of Appeals ruled in Kegel v. Tillotson, 2008-CA-001938 (October 30, 2009), that a noncompete agreement could be enforced against the independent contractor involved in that case, the enforceability of noncompete agreements should and must be examined on an individualized, case-by-case basis. There is not a hard and fast rule regarding the enforceability of noncompete agreements that can be applied across the board to any and all cases. It can be that they are enforceable partially but not enforceable partially.

Lexington, Kentucky employment lawyer Robert Abell represents individuals and employees with regard to the enforceability of noncompete agreements; contact him at 859-254-7076.