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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20366
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My name is ***** *****. I am an independent contractor that

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My name is ***** *****. I am an independent contractor that has not been paid in the last 6 months, I have continued to provide voluntary service in the hopes the company would do better. I've decided to start my own company and am worried about the IP provision in my NDA. Specifically I discussed an idea with my boss that he didnt take any further and I would now like to start my own business in that field. Will I have any issues?
JA: Thanks. Can you give me any more details about your issue?
Customer: I am an independent contractor that has not been paid in the last 6 months, I have continued to provide voluntary service in the hopes the company would do better. I've decided to start my own company and am worried about the IP provision in my NDA. Specifically I discussed an idea with my boss that he didnt take any further and I would now like to start my own business in that field. Will I have any issues?Read more: http://www.justanswer.com/employment-law/28feb-independent-contractor-not-paid.html#ixzz41mk64AjN
JA: OK got it. Last thing — Employment Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. I can't tell you whether or not the Company will try to pursue this issue since that is a discretionary matter on their part. However, if they have breached your IC agreement, for example by not paying you under the contract, then that will usually mean the entire contract, NDA and all, is voidable by the court. In other words, they can't, on one hand, say the NDA should apply, and on the other hand fail to follow the pay issues under the contract.

Even if a court were to say the NDA is enforceable, if the Company never adopted your idea, they would be hard pressed to say this in their intellectual property. But again, no way to say they would pursue it, but if they did, they would have a hard time if they failed to pay you as agreed.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 2nd. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.