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Independent Contractor Resists Enforcement of Non Compete

In order to be considered an independent contractor in Massachusetts, you have to be free to provide services to others. This can be inconsistent with a non compete agreement. Below is an example of a non compete case we defended for an independent contractor.

Case Study E: Background

Client E worked for a building maintenance company and was classified as an independent contractor. About a year into this relationship, the company insisted that he sign a non compete. Client E objected to the non compete, and was told he would be terminated if he didn't sign the agreement. The company offered him no additional compensation or benefits for signing the agreement.

Client E eventually resigned his position to start his own handyman service company. When he started contacting potential customers, he learned that his former employer had told them all he was prohibited from providing services because of his non compete.

Case Study E: Strategy and Outcome

We worked with Client E to gather relevant documents about his employment and independent contractor agreement. We determined that he had a claim for improper classification as an independent contractor and for unpaid wages. We also determined that he could make an interference claim against his former employer for the untrue statements being made to customers.

Finally, we concluded that the non compete was unenforceable because of his independent contractor status and because they had not offered him any compensation in exchange for signing the agreement.

We outlined these claims in a letter to the employer and stated that we would file a lawsuit if we did not receive a satisfactory response. The employer responded, and we were able to resolve the case with payment to Client E and a release from the non compete provisions.

Case Study E: Takeaways

There are a number of lessons to be learned from this example that may help you if you are facing a dispute over a non compete agreement

  • If you are an independent contractor, you may have a defense to the non compete enforcement. You also may have separate counterclaims for damages which are useful in resolving the dispute.
  • If you are asked to sign a non compete after you start employment, your employer may not be able to enforce it. This is now specifically stated in Massachusetts law. It remains an available argument even if you signed your employment contract before the new law took effect.
  • Most states have independent contractor laws that are less strict than Massachusetts. This means if you have an out of state employer, they may not understand the limitations of Massachusetts employment law. This too can be helpful if you find yourself in a non compete dispute.

Can We Help You?

We have years of experience representing people in non compete lawsuits in Massachusetts state and federal courts, as well as 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, give us a call at  781-784-2322, or fill out our web form  to let us know a little more about your situation.
Schedule a Free Information Call

Need Help With a Non Compete Agreement?

Contact Us
Testimonials
​
"Emily, a chief partner, and the two other lawyers at SLN Law who worked on my case were extremely competent and approachable. They were responsive to inquiries and they thoughtfully explained, as needed, complex legal terms. I was very well represented at each stage of a protracted legal case against a major national firm."  Brian R.
​
​"Emily is an incredible resource of knowledge on employment law. She helped guide us on how to structure our employee classifications and made adjustments to our consulting agreements so our business is better protected and positioned. She's both law-savvy and business minded - great asset to have when launching/growing a business."  Diana B.

"SLN represented me in a complicated employment-related dispute. What could have been a prolonged nightmare for me was handled swiftly and skillfully, and with fairness and dignity."  Smita N.​


"Long overdue public words of gratitude for Emily and her associates' work on my behalf. They were so very respectful of me during an emotionally and financially ridden time -- and that mattered more than the positive result. May all clients have such advocates on their sides!" Donna B.


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  • Home
  • How Slnlaw Can Help
    • Employment Law Solutions >
      • Employment Termination
      • Sexual Harassment at Work >
        • Sexual Harassment and Non Disclosure Agreements
      • Massachusetts Wage and Hour Laws
      • Independent Contractor Law
      • Non Compete Agreements
      • Equal Pay Act
    • Business Law Solutions >
      • Business Contract Basics
      • Civil Suit Defense
      • Legal Issues for Start Ups
      • Trademark Basics for Small Business Owners
      • How to Incorporate a Business in Massachusetts
    • Estate Planning Solutions >
      • Why You Need an Estate Plan
      • Massachusetts Estate Tax
      • How to Make an Estate Plan
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Rebecca Royer
  • About
    • Slnlaw Offices
    • Directions
    • Fees, Billing and Payment
    • Privacy Policy
    • Publications and Interviews
  • Reviews
  • Blog
  • Contact