Breaking 1yr contract on 1099
I am on 1099 and i worked for a XXX company for few months signing 1 yr contract that i will not join client for a yr.
I joined the client on 1099 after three months. Is that contract would be valid.
I never got paid by XXX company on bench or any other benefits...
Answers (1)
Non-compete agmt
It sounds like a non-compete agreement, which is illegal and so unenforceable under California law except when linked to a sale of a business. Check if the contract states which law will govern any disputes arising from the contract and check the law of that state regarding non-compete agreements. Also make sure that XXX cannot sue you for misappropriation of trade secrets of XXX company or breach of duty of loyalty to XXX company by checking with an attorney how to protect yourself. XXX's failure to pay you for any work that you performed for XXX does not necessarily void the contract, it may simply breach it, entitling you to damages on a breach of contract claim against XXX.
posted by Joan Herrington | Sep 16, 2003 1:25 PM [EST]
It sounds like a non-compete agreement, which is illegal and so unenforceable under California law except when linked to a sale of a business. Check if the contract states which law will govern any disputes arising from the contract and check the law of that state regarding non-compete agreements. Also make sure that XXX cannot sue you for misappropriation of trade secrets of XXX company or breach of duty of loyalty to XXX company by checking with an attorney how to protect yourself. XXX's failure to pay you for any work that you performed for XXX does not necessarily void the contract, it may simply breach it, entitling you to damages on a breach of contract claim against XXX.
posted by Joan Herrington | Sep 16, 2003 1:25 PM [EST]
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