The company I worked quit paying me (a 1099 contractor). Am I still locked in the non-compete clause

I was the regional manager for a restoration company for 1 1/2 years. We stated the insurance claim for home owners for storm damaged roofs and did the repairs. I was an independent contractor (1099) The non-compete was for 5 years. The owner wouldn't give me a check till I signed it. And today has noone working for them. I am sueing the company/owner for past earnings. The restoration comany is months behind in paying my commissions. I was in the insurance industry for years before I went to work for him.
QUESTION: AM I STILL LOCKED INTO THIS NON-COMPETE CLAUSE?

1 answer  |  asked Jan 18, 2012 2:10 PM [EST]  |  applies to Ohio

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

Bruce Elfvin
Your question raises a panoply of questions. I often have wondered how you can hire a person, claim that they independent contractors and then force them to sign a non-compete. So, as a matter of law non-competes are not per se illegal, but must be tailored to meet the actual needs of the employer. In addition material breaches of your contract with the employer may give a sufficient ground to declare the entire agreement void.

So, see an employment lawyer and go through the entire scenario. You can select one near you at www.oelasmart.net/directory

posted by Bruce Elfvin  |  Jan 19, 2012 08:45 AM [EST]

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