Can an Independent Contractor be Held to a Non-Compete?
Massachusetts Non Competes and Independent ContractorsThe Massachusetts Non Compete Act specifically states that it applies to employees and independent contractors. That would suggest the short answer to this question is yes, independent contractors can be held to a non compete agreement.
However, separate from the Non Compete Act, Massachusetts law strictly defines the test for who can be legally considered an independent contractor. One of the tests the employer must meet is that you are customarily engaged in providing similar services to others. On its face, this is inconsistent with a non compete agreement. This could lead to a situation where the employer is allowed to enforce the non compete, but in so doing proves that you should not have been classified as an independent contractor. If that is the case, you have a claim for misclassification damages that could be more significant than the non compete claim against you. Learn more here about the Massachusetts Independent Contractor Law. |
We're Here to Help.OR
|
Meet Our Employment and Non Compete Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, been interviewed by the Massachusetts Superlawyers magazine about non compete agreements, and written an op-ed in the New York Times about the dangers of non competes. Along with the rest of the slnlaw team, she has helped hundreds of clients navigate, negotiate, or defend against their non compete agreements.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped many clients understand and evaluate their non compete agreements and develop strategies for defending against non compete enforcement and negotiating resolution.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna works with employers to develop reasonable and enforceable employee agreements, including non competes. She has also helped employees understand and evaluate their non compete agreements and develop strategies for defending against non compete enforcement and negotiating resolution.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients both evaluate and negotiate their non compete agreements, and defended non compete claims in state and federal courts.
How We Can Help
We have years of experience helping employees understand, navigate and negotiate non compete agreements, representing people in non compete lawsuits in Massachusetts state and federal courts, and responding to cease and desist letters, and we would be happy to help. You can use the button below to schedule a call back from a member of our team to learn more about how we can help, or give us a call at 781-784-2322.
|
|
|
|
|
