Is a non-compete still valid if one isn't a W-2 by competitor, but a 1099?

I have a non-compete through August of 2017. A competitor is looking to hire me, although via a 1099, not as a W-2 employee. Does that make any difference in the non-compete?

1 answer  |  asked Apr 4, 2017 1:42 PM [EST]  |  applies to Virginia

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Answers (1)

Matthew Sutter
It may be. It all depends on the terminology used. Generally speaking, if you are a 1099-contractor, you should be free to work for whomever you want to. Often times non-compete agreements will be discarded by the courts if they are not reasonable in scope. It may be that you have been misclassified as a contractor when in fact you are an employee. One factor to consider is whether you are free to work elsewhere. If you would like to discuss this matter, please contact me. No charge for a 10 minute talk on the phone.

Matthew T. Sutter, Esq.
Sutter & Terpak, PLLC
7540A Little River Turnpike, First Floor
Annandale, VA 22003
Telephone: 703-256-1800
Facsimile: 703-991-6116
Email: matt@sutterandterpak.com
Web: sutterandterpak.com

posted by Matthew Sutter  |  Apr 4, 2017 2:17 PM [EST]

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