Is a fixed hourly rate (with no guarantee of work) sufficient consideration to enforce a non compete clause as an independent contractor?
While unemployed, I was approached by a custom software development shop, and offered an opportunity to consult for one of their clients. Initially, they led me to believe I would be an employee.
After I certified as a consultant for this software (not provided by the "employer"), I was given an independent contractor agreement that contained a two year non-compete / non-solicitation clause to prevent me from working directly with the software vendor (not them - but their client), while offering a "fixed hourly rate" as consideration. This made me "exclusive" to them. The work was never guaranteed, and I am operating a huge loss, as a result, so I've elected to bypass the company I have the agreement with and go straight to the software company, in order to survive as a consultant.
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