Non compete contract for Timeshare sales

I am a licensed Real Estate Agent and was working as a Independant contractor, even tho I was required to go to the store M-F 9-5 , I received a bi weekly "salery" plus commissions.
I signed a non compete clause 4 years ago that states I cant work for a competitor in the timeshare resale business for 2 years or with in a 50 mile radius ( there was no compensation offered). I would literally have to relocate to comply with the contract. I cant go 2 years without a job, trying to raise 3 kids by myself.It is a small business in Palm Springs Calif. I recently resigned my position because they sold the business and decided to open my own home based internet timeshare resale business to stay home with my 3 kids, do you think under these circumstances the non compete would hold up?

1 answer  |  asked Jan 13, 2006 1:32 PM [EST]  |  applies to California

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Answers (1)

George Allen
Non-compete

Based on your description of the non-compete, it is probably not enforceable (at least as written). It sounds like there may also be an issue as to whether you were truly an independent contractor. I suggest that you review both of these issues with an experienced employment lawyer in your area. Try www.celaweb.org to locate an attorney.

posted by George Allen  |  Jan 13, 2006 2:01 PM [EST]

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