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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 27091
Experience:  Employment Law Expert
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I am an independant contractor working as a full-time freelancer

Customer Question

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?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

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!

Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 27091
Experience: Employment Law Expert
Dwayne B. and 8 other Employment Law Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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