Non Compete Unenforceable Against Independent Contractor
Wondering if Your Non Compete is Enforceable?
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Non Compete Solution
We first attempted to negotiate a resolution with the employer. We laid out the argument that the agreement was unenforceable against an independent contractor. The agreement itself also said that if they terminated his engagement without cause they would waive the non compete.
Nonetheless, the employer insisted on threatening Jason with a lawsuit if he accepted the job he had been offered.
We filed a complaint for declaratory judgment seeking an order that the non compete provisions were unenforceable and/or waived. We also brought claims under the independent contractor law, and claims for overdue and unpaid wages.
After being served with the lawsuit, the employer agreed to settle. Jason was compensated for his unpaid wages and allowed to accept his new employment offer.
Nonetheless, the employer insisted on threatening Jason with a lawsuit if he accepted the job he had been offered.
We filed a complaint for declaratory judgment seeking an order that the non compete provisions were unenforceable and/or waived. We also brought claims under the independent contractor law, and claims for overdue and unpaid wages.
After being served with the lawsuit, the employer agreed to settle. Jason was compensated for his unpaid wages and allowed to accept his new employment offer.
Postscript
Jason continues to work for his new employer today, and has enjoyed a successful career there for over ten years.
If you are in a similar situation, remember that you don't have to wait for your employer to sue you. Sometimes it is to your advantage to be the first one to go to court, as it was in this case. It is also always worth it to consult with an employment lawyer to find out if there is any other compensation or benefits due to you from your former employer, so that all issues can be resolved in one litigation and/or negotiation
If you are in a similar situation, remember that you don't have to wait for your employer to sue you. Sometimes it is to your advantage to be the first one to go to court, as it was in this case. It is also always worth it to consult with an employment lawyer to find out if there is any other compensation or benefits due to you from your former employer, so that all issues can be resolved in one litigation and/or negotiation
How Our Non Compete Lawyers Can Help
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, or give us a call at 781-784-2322.