Repair and Maintenance Worker Non Compete
Joe worked for a building maintenance company and was classified as an independent contractor. His work involved routine maintenance and repairs for buildings managed by the employer, which meant he was using his ordinary skill and experience in performing these services, not trade secrets or proprietary information belonging to the employer.
About a year into this relationship, the company insisted that he sign a non compete. Joe objected to the non compete, but 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, and continued to classify him as an independent contractor. Joe eventually resigned his position to start his own handyman service company. When he started contacting potential customers, he learned that his former employer was actively interfering with his new business, and telling potential customers that he was prohibited from providing services because of his non compete. As a result, Joe, who had not received any value for his non compete, and who had been improperly paid as a contractor all along, was now blocked from pursuing his own business by his former employer. Non Compete SolutionWe worked with Joe 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 made clear 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 Joe and a release from the non compete provisions, without having to initiate litigation. |
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Postscript
Joe was able to start his own business without interference, helped by some settlement compensation relating to his misclassification.
If you are in a similar position, remember that these disputes can often be resolved without ever going to court. The key to that outcome is an early consultation with an employment attorney who can help identify and articulate all of your defenses to a non compete, as well as any other legal claims you might have against your former employer.
If you are in a similar position, remember that these disputes can often be resolved without ever going to court. The key to that outcome is an early consultation with an employment attorney who can help identify and articulate all of your defenses to a non compete, as well as any other legal claims you might have against your former employer.
How We Can Help
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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.
