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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4539
Experience:  Exclusively practice labor and employment law.
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My old employer is going to file a temporary restraining

Customer Question

My old employer is going to file a temporary restraining order against me on Monday. I had a non compete agreement but they never allowed me to get a copy of it. I was treated as an employee, (had to be there every day) but was paid as an independent contractor. Is there any way I can prevent this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

There is a theory in law that one with dirty hands cannot seek to enforce a right that was gained unlawfully and further of advance their unlawful plan through the courts. They way that applies here is that you were miss-classified as a contractor when you were in fact an employee the entire time. They got out of paying state and federal taxes and welfare programs like unemployment and workers compensation, as well as avoided wage laws that may entitle you to additional pay and benefits. They now seek to have their cake and eat it to by filing a non-compete enforcement action against you as if you were an employee.

The problem here is if they file that motion, then you have to get a lawyer and defend this in court regardless of the merit of their actions because if you don't the court will give them whatever they want. What I might do if I were you is give them a call before they do this, hopefully, and tell them that if they try to do this, you will defend yourself by expressing your rights which include filing complaints with state and federal authorities for tax evasion, miss-classification, non-payment of workers compensation and unemployment as well as any wage and fringe benefit entitlements you may be entitled to. I think if they have any sense they'll drop the whole thing, but a lot of people have no sense....so see what happens.

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Expert:  John replied 1 year ago.

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