Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have a non compete, which I have not signed yet and have a…

I have a non...

I have a non compete, which I have not signed yet and have a question about it. It is for a final expense only telesales insurance firm. But it states that for one year I cannot work in ANY telesales environment, or sell ANY form of life insurance products in ANY of the 50 states or territories. I will only be servicing eight states, and it's based out of Missouri, I will be working in Florida. It essentially bars an entire employment sector and includes language for direct and indirect competition. I also will be a 1099 contractor and will pay a monthly fee to access systems and obtain leads and will be prohibited to sell any products that are not related to the final expense insurance market niche. To me that's like a college telling me that although I earned a bachelor's in accounting I'm forbidden from working in the financial sector for a year regardless of capacity, even though I paid for my own education. I doubt an agreement like this would hold up in court, as it also contains other clearly illegal, or unenforceable provisions (such as repaying all commissions earned from the past twelve months upon separation which I equate to theft of wages), I do like this company and it's operations but am at a loss about this contract.

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

Not yet, nor can I find any information or records of the company ever actually enforcing on an employee. Seems more like a blanketed scare tactic, although it could literally ruin my entire career.

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

At will, 1099 contractor

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

Although they will control my schedule, training, scripting, and metrics, it may also fall under employee misclassification. That's all I believe I don't think the company has any consideration on their end of the contact since I would pay them essentially a monthly subscription fee to work

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Ok

Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
3/17/2018
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 30,986
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Ask Your Own Legal Question
Customer reply replied 1 month ago
Ok, awesome.

Good afternoon. I certainly understand the situation and your concern. Yes, you are correct. It is very restrictive and really would prevent you from working in this industry/sector if you leave. As such, a court may find that it is invalid and could not be enforced. However, for it to get to that point, you would need to leave, get hired by another company that does the same thing and they would need to find out and sue you. You would then have to defend it, so it is a matter if you want to go through all of this. You can also edit and modify it and come to an agreement. You can change it from one year to six months or edit it so that certain States you can work in and sell certain things. You do not have to just take it as is and can make changes and if they refuse, reject it and work for someone else.

Ask Your Own Legal Question
Customer reply replied 1 month ago
All good advice. I did attach a copy. And that's exactly what I was thinking. As technically it could keep me from working even in an office environment of they owned a phone system at all. I appreciate the help.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 30,986
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
Verified
LegalKnowledge and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Did you have the chance to review the doc?
That is outside the scope of what we are able to do but I am happy to answer any questions which you will may have.
Ask Your Own Legal Question
Was this answer helpful?
Ask LegalKnowledge Your Own Question
LegalKnowledge
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 30,986
30,986 Satisfied Customers
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.

LegalKnowledge 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:

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

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Are life insurance polices safe guarded from medicaid? Ohio.
Are life insurance polices safe guarded from medicaid? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,146 satisfied customers
I have a life insurance policy that the company refuses to
I have a life insurance policy that the company refuses to pay. The problem is with coding by the doctor. … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I am the beneficiary of a life insurance payout and the
i am the beneficiary of a life insurance payout and the company is contesting the claim The policy was inforce for 4 years. I live in Florida and the insurance company is new york life. They falgged m… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,676 satisfied customers
My daughter is beneficiary for a fraudulent life insurance
my daughter is beneficiary for a fraudulent life insurance application does she has to submit a claim form if she dont want to … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,871 satisfied customers
I need to ask questions reguarding a life insurance.
I need to ask questions reguarding a life insurance … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I got life insurance on my father, while he was a permanent
Hello: I got life insurance on my father, while he was a permanent resident of the US. Later on he moved back to Europe, his green card expired and he lost his immigration status. Will this change aff… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Both my wife & I have life insurance policies with Penn
Both my wife & I have life insurance policies with Penn Mutual Life Insurance Co. My wife barrowed from her policy and now they don't apply the loan payments to the loan but put them to they policy. W… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I noticed in my divorce decree it states All life insurance
I noticed in my divorce decree it states All life insurance benefits in petitioners name is ***** ***** awarded to me the respondent. How do I make sure this happens, how do I find all the life insura… read more
Sean K
Sean K
Attorney/Member
JD
462 satisfied customers
I got a $50,000 life insurance policy in 1991, which was a
I got a $50,000 life insurance policy in 1991, which was a transfer from a previous holder, and now, after paying in $36,000, and at age 87, the insurance company has now raised my quarterly premiums … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have revieved a life insurance check from a Canadian
i have revieved a life insurance check from a Canadian company. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am waiting to hear from my late husbands life insurance
I am waiting to hear from my late husbands life insurance carrier to respond to the life insurance claim that was filed months ago, it was during the incontestability time frame so they are reviewing … read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
I have a question about a will and a life insurance policy.
I have a question about a will and a life insurance policy … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My husband has all his bank accounts, life insurance, and
Hello, My husband has all his bank accounts, life insurance, and retirement funds with my name under his. If he passes prior to me will everything be okay and I will not have to worry about it going t… read more
Lori
Lori
Juris Doctor
1,090 satisfied customers
I recently applied for 2 life insurance policies. As a
Hello. I recently applied for 2 life insurance policies. As a result of that application I found out that one of my blood tests came back with abnormal readings. The agent said I would still be covere… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,780 satisfied customers
If he invested his own life insurance money in it that was
If he invested his own life insurance money in it that was opened before marriage,and then after marriage put it into bitcoin does That still count as joint asset?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
A life insurance policy which was cancelled in October,
a life insurance policy which was cancelled in October, November, and December, and on auto-pay has still not ceased. what to do? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
I am the beneficiary of a life insurance policy and the
I am the beneficiary of a life insurance policy and the insurance company won't make the check out to me.they keep sending it to the estate of Don Sergott so the bank won't cash it. I called them and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If I change my permanent life insurance contract with cash
If I change my permanent life insurance contract with cash value to either a paid up extended term contract or a reduced paid up contract using the cash value - would this contract be exempt from Medi… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 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