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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32939
Experience:  Employment Law Expert
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I am an independant contractor working as a full-time freelancer

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I am an independant contractor working as a full-time freelancer for a company. I have signed a non-compete and a non-disclosure ensuring I will not work for anyone else during the regular work week hours and never for any entity that would be a conflict of interest. I have had an agreement to work at $35 per hour rate, and I pay my own taxes and health insurance. This was agreed upon before I accepted the job. Now I have been informed that I am having my pay rate retroactively reduced by nearly 40%, as well as some hours I have already worked being completely removed from billable hours. Is this legal to do even if I am a freelancer?

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

No, they can't reduce your pay retroactively.

JD 1992 :

That is a breach of contract and would likely also enable you to "get out" of the non-compete section of the contract as well.

JD 1992 :

The reason is that the company can't breach the contract and then ask a court to hold you to it.

Customer:

What is my best approach for presenting this to my employer- is there and FL law I can refer to?

Customer:

any*

JD 1992 :

There is likely case law on it, not statutes, but it would require an extensive case law search which would cost many times the cost of the question.

Customer:

hello?

JD 1992 :

However, it is a basic principle of law. They can't unilaterally change the terms of a contract.

JD 1992 :

If they could, then it wouldn't be a contract.

Customer:

understandable! I was just looking to get an initial idea of the legality of the situation. Thanks very much!

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