A company tutor wishing to go private

I work as an independent contractor/tutor in LA for a tutoring company. The company is headquartered in Wyoming and the local office is in Lancaster. [I tutor in students' homes.] I recently learned through a student-client that his school would be an excellent student body for recruiting new students for tutoring. I would like the freedom to do so privately, independently, but believe the non-compete agreement I signed when I signed up with this company may curtail this. All agreements I've ever read or signed do not prohibit a tutor from tutoring outside the company -- making a living as a tutor for a single company is not possible -- but would this be considered 'outside' if the original contact was made through a company-referred student? I don't wish to do anything that carries even the slightest hint of impropriety -- but, as a laid-off teacher, I so need the money I could make from this client base. My current split for a session is 35-40% of the cost. And: If it could be done, how could it be done?

Thank you to any/all who can give me advice/perspective on this subject.

1 answer  |  asked Jan 25, 2011 8:14 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
Non-compete agreements are illegal in California. However, it is legal to prohibit solicitation of customers. Each case is unique. The facts of your situation, and the written agreement, should be reviewed by an attorney who is experienced in employment law and in particular in this area of law. It is worth your while to pay an attorney a few dollars to review the agreement and advise you; do not be penny-wise and pound-foolish, or you may find yourself involved in very expensive litigation.

You can find an attorney experienced in employment law in your area at the California Employment Lawyers Assn's website, www.cela.org.

posted by Janet M. Koehn  |  Jan 26, 2011 01:12 AM [EST]

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