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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34273
Experience:  16 yrs. of trial experience
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I signed a noncompete and I'm 1099 but signed it 7 months

Customer Question

I signed a noncompete and I'm 1099 but signed it 7 months after working there I'm a hairdresser and want to get out of there she rude and makes us mop floors and clean bathrooms I'm a single mom with this hold up
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Can you verify, you are in FL?

Customer: replied 1 year ago.
u want my address
Expert:  P. Simmons replied 1 year ago.

No, thank you...the law is the same throughout the state.

I have some thoughts and will type them up. A few mins please

Expert:  P. Simmons replied 1 year ago.

Thank you for your patience

First and foremost it is important to understand that FL law permits “non compete covenants”

So if you signed such an agreement? The agreement can be enforced by the employer.

This is basic contract law, similar, to the contract you have with your employer (as a 1099 employee, you are considered a contract employee)

The fact you signed this after you had been employed for several months is not significant.

That said, a contract can be enforced by either party to the contract.

So, for example, if the employer is not complying with their obligations of the contract? For example, if the employer did not fulfill its obligations to you with regard to such items as compensation, insurance, etc., could be a basis to argue that the non-compete provisions should not be enforced.

Also, you have to look at the terms of the agreement, specifically time frame and geography

If the time period s too long, it may not be enforceable. Agreements of six months or less are presumed to be valid while agreements of more than two years are presumed to be invalid.

And if they are attempting to keep you from working in the entire state, where their business is only in one city? That would not likely be valid.

But generally speaking, if you singed the agreement, and it is not too long and does not extend outside the area where the employer does business? It can be enforced.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
Well it's 10 miles and for 2 years
Customer: replied 1 year ago.
I do hair and brought all my clients to her
Customer: replied 1 year ago.
I get no insurance nothing plus she canceled all my clients and I was fully booked and made me loose 1000 plus pissed the clients off
Expert:  P. Simmons replied 1 year ago.

The geographical limit is not bad...10 miles will likely hold up in court.
2 years is at the limit of what is generally accepted.

If it was 2 years and 1 day it would be presumed invalid. But yours is 2 years.

If you challenged this in court, the employer would need to prove why they need such a long time. IF they provided you with training ? That could be enough.

But if they are not providing you training? I would argue that 2 years is too long.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.