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How can i tell if I would be breaking a non compete clause…

How can i tell...

How can i tell if I would be breaking a non compete clause in my employment contract?

Lawyer's Assistant: Have you discussed the non-compete agreement with a manager or HR? Or with a lawyer?

No, the company I am contracted with has threatened me with a lawsuit if I accept a positon I was offered by another company. I am a contractor and have no HR

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Yes I am at will no I dont belong to a union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can thnk of right now

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Answered in 1 minute by:
3/15/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 31,899
Experience: Former judicial law clerk, lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Can you post the part of your contract that includes the non-compete clause? Also, what state are you in?

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Customer reply replied 1 month ago
Employee's Covenant Not to Compete. For a period of twelve (12) months following the termination of his/her employment, or if a proceeding is instituted to enforce this provision, for a period of twelve (12) months after entry of a final non-appealable order in favor of the Employer, Employee shall not perform, directly or indirectly, any Consulting Services (hereafter defined) with or for any Employer’s Affiliated Companies for which Employee has performed such Consulting Services within the six (6) months prior to the termination of his/her employment with the Employer. When used throughout this Contract, "Consulting Services" shall mean any service or work, including without limitation any coding, design, analysis, marketing or recruiting that is the same as, or similar to, any service or work that Employee performed on behalf of the Employer or any of Employer's Affiliated Companies while employed by Employer.
Customer reply replied 1 month ago
My contract is ending with this company on the 31st and the company I am contracted with has a 2 year limit for contractors so they cannot extend my employment throgh their company

This document is talking about employees. You said that you're a contractor. Which is it? Did they take employment taxes out of your checks? Did they give you assignments and tell you what work to perform and how to do it?

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Customer reply replied 1 month ago
I have been offered a full time position with the managed service company that is taking over and I was told I cannot accept this position even though they cannot keep me at my present position. The position I am being hired for is different than the position I was contracted theough my current comapy. I was hired as a contracotr under my current contract, they take the taxes out but I have a manager onsite that is a company employee who tells me what is expected
Customer reply replied 1 month ago
I was hired as a contractor by a company to work at another company

The thing is, they can't get the benefits of calling you both an independent contractor and an employee. Contractors are generally free to work for multiple companies at once, because they're considered self-employed. And if you are an employee, then they have to meet minimum wage and overtime requirements against you. It's possible you could have a claim against them for classifying you incorrectly - which would be a powerful negotiating chip.

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The fact that there are no geographical limitations on where you can work also present a problem for the employer. They can't stop you from working anywhere in the world unless they are a global company.

On top of that, they have to have a legitimate interest in stopping you from working. What type of consulting do you do?

What state are you in?

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Customer reply replied 1 month ago
I am in New Jersey and the company I am placed with is in Pennsylvania. they are saying since they put me onsite here I cannot work for any company that deals with the company I am working for since they put me here
Customer reply replied 1 month ago
they really dont have a legitiamte interest in stopping me from working, they cannot keep my contract with the company I am onsite with going forward because of the companys contractor policy
Customer reply replied 1 month ago
they want the company that is looking to hire me instead go through them and keep me as a contracotr for them instead of an employee for the new ompany
Customer reply replied 1 month ago
the company that wants tohire me said they cant afford to keep me on this way and will have to look for a full time employee instead
Customer reply replied 1 month ago
I was hired by them for a Technical project coordinator position the new position I have been offered as an employee is a GXP Project Manager

Legally, a legitimate interest would exist if you working for another company would cost them customers or you would be using the benefit of their trade secrets for the other employer. Something like that.

But I still think they have a major problem with trying to call you both an employee and a contractor. And the fact that they're saying you can work for another company as a contractor other than an employee basically destroys any argument they might have that you working for a competitor injures them.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 31,899
Experience: Former judicial law clerk, lawyer
Verified
Lucy, Esq. and 87 other Employment Law Specialists are ready to help you
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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 31,899
31,899 Satisfied Customers
Experience: Former judicial law clerk, lawyer

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