Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
3/15/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
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?

Ask Your Own Employment Law Question
Customer reply replied 4 months 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 4 months 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?

Ask Your Own Employment Law Question
Customer reply replied 4 months 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 4 months 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.

Ask Your Own Employment Law Question

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?

Ask Your Own Employment Law Question
Customer reply replied 4 months 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 4 months 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 4 months 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 4 months 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 4 months 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: 32,264
Experience: Former judicial law clerk, lawyer
Verified
Lucy, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Former judicial law clerk, lawyer

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I have a contract with a non compete but the contract was
I have a contract with a non compete but the contract was never signed by me. Is this then a legal contract & do I have to adhere to the non compete? … read more
Ray
Ray
Lawyer
Doctoral Degree
33,301 satisfied customers
My daughetr signed a non compete clause, she worked for 3
my daughetr signed a non compete clause, she worked for 3 months with a behaviorial science company in ma. and part of her joining them was they would provide a structured supervision from one of thei… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I work for a 3rd party marketing agency that just lost the
I work for a 3rd party marketing agency that just lost the contract with LG appliances. Does a non compete clause prevent us from applying with the new agency that represents LG appliances, and, is a … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,039 satisfied customers
I am looking to move from one competitor to another. I do
Hello, I am looking to move from one competitor to another. I do not have a non-compete agreement; however, there is a non-compete clause in my restricted shares stock agreement that seems punitive. H… read more
Lori
Lori
Juris Doctor
1,830 satisfied customers
I have a non-compete agreement with my current employer and
I have a non-compete agreement with my current employer and I want to have a lawyer read it to assure me I am fine to terminate my employment and take a job within the same industry. I am a full-time … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I'm looking for help with an employment question. I am
I'm looking for help with an employment question. I am currently employed as a nurse through an employment agency. They have a no compete clause in my contract. My contract ends 05/18. This was my 3rd… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My role has been made redundant and offered a settlement eg
My role has been made redundant and offered a settlement eg bonus, shares and notice period paid out However they have added an additional non compete clause beyond the notice period but without pay. … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,521 satisfied customers
I am looking to check if non-compete clause that I have with
HI, I am looking for help to check if non-compete clause that I have with my employer is enforceable in New Jersey if I take a new job… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I was a IT contractor and I resigned from my former employer last Wednesday because the
Hi,I was a IT contractor and I resigned from my former employer last Wednesday because the client I'm working for provided an offer to me. Now my former employer is threatening to sue me because I bro… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
My Emoyment Letter has the Following Non Compete / Non15) Non
My Emoyment Letter has the Following Non Compete / Non15) Non Solicitation In order to protect the business interest and goodwill of the Company with respect to customers and accounts, and to protect … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I have been a productive 1099/Independent Contractor for over
I have been a productive 1099/Independent Contractor for over 10 years. I work out of 2 companies selling product. I have a two part question... 1) I have a Non-compete clause with one (1) company sig… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
If Im really going to get some advise from some one who has
If I'm really going to get some advise from some one who has employment law experience in Illinois, I will pay the fee that is suggested. If you're just going to tell me I need to make an appointment … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was hired for contract employment 1099 by a recruiting firm.
I was hired for contract employment 1099 by a recruiting firm. Paperwork was signed @ $58 / hr. After 2 years I was called and told things had changed with the client and my rate was reduced to $55. M… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I have recently received a job offer in the technology Professional
I have recently received a job offer in the technology Professional Services / Consulting industry and they are asking me to sign an employment contract. I would like a lawyer to review the contract, … read more
Attorney Arcadier
Attorney Arcadier
Managing Attorney Partner
Doctoral Degree
197 satisfied customers
I am signing a new contract which has a clause as, "NON-PERFORMANCE
I am signing a new contract which has a clause as, "NON-PERFORMANCE OF SERVICES AND NON-RECRUITMENT. During the term of this Agreement and for 12 months after the end of the employment relationship (w… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am on h1b visa with a consulting company. They sent me an
I am on h1b visa with a consulting company. They sent me an offer letter while I was in my home country with a non-compete clause for me to follow during the employment with the company. I believe the… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I am working as a consultant (not as an employee) for company
I am working as a consultant (not as an employee) for company "ABC". ABC has a contract with another company "123" that should be done by May 30th. I am doing the work. Company 123 pay company ABC an … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I live in Virginia. My contracting firm made me sign a non-compete
I live in Virginia. My contracting firm made me sign a "non-compete" agreement. The client I am now assigned to is planning on ending the contract with my contracting company at the end of February. T… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x