what nullifies no-compete
I work as an appt setter from my home. I am paid hourly by a company that also reimburses me for my phone bill. The company I work for is adamant that I am an independent contractor. I signed a no-compete agreement that states I will not compete with the "Company" and in Client market or any other Transportation company for 2 years from time of separation from the company.
The "Company" that pays my checks has since Jan 2004 started billing me on a quarterly basis for "Services". This was done by the"company" to prove that we were independent contractors and not employees. It's supposed to satisfy IRS requirements. Several of the companies I make phone calls for have approached me about working for them directly, doing the same work as I now do for them.
When I bill for my services presently I send my invoice (with client's name) directly to the "company" that pays my checks. He then adds his compensation to our invoice and it is then passed on to client.
I've been told that since I am paying the "company" quarterly for services, that I am no longer an independent contractor but am now a client of the "company" and he provides a billing service. According to this person the above would nullify any no-compete agreement I signed.
The "Company" president resides in Massachussetts and I reside in a midwestern state.
Answers (1)
First let me note that you have stated that you reside in a Midwestern State. Because we are licensed in Illinois I do not want to speak to the law of another midwestern state.
There are many reasons that your non-compete clause may not be enforceable against you and you could take the other positions. The key is that I would have to see the non-compete itself. But generally, non-competes have to be very limited in scope both geographically and temproally (length of time). In addition, if you bargained for something and did not receive what you were supposed to receive in return for the non-compete, that may also impact the enforceability of the agreement. Finally, the work that the company is doing and what you are doing for it may not be close enough to what you want to do to onsititute a violation of the agreement. You definately need to speak to an employment attorney and I urge to call us or one of the other fine employment lawyers on this system.
Aaron Maduff
posted by Aaron Maduff | Oct 11, 2004 09:29 AM [EST]
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