Hello, my name is Elizabeth, I am a Licensed Massage Therapist in Michigan. Was recently let go from position as an independent contractor(I paid my own taxes). I believe I signed a non compete. I can not get a hold of my file. If I did sign, is it enforc

Is non compete enforceable for massage therapist as independent contractor in Michigan?

1 answer  |  asked Mar 19, 2017 11:40 AM [EST]  |  applies to Michigan

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Answers (1)

David Blanchard
Michigan employment contracts often include a "non-compete clause". These restrictions are often enforceable but not always. In addition sometimes industries like yours try to classify employees as independent contractors to avoid tax responsibilities, workers comp insurance, or even to avoid obligations to pay overtime. If you were wrongly classified AND you worked over 40 hours in a week, you may be entitled to overtime wages for your work. I can't provide legal advice on your particular issues without reviewing the details. The enforceability of a non-compete depends on the terms of the contract and maybe the circumstances of leaving. Whether independent contractor classification was legitimate will depend on the economic realities of the relationship. You should call an experienced employment lawyer to get confidential legal advice on your situation. Good luck.

posted by David Blanchard  |  Mar 19, 2017 1:13 PM [EST]

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