if a non compete was signed but my employer paid me under the table and never filed taxes on me is the non compete still valid? I want to work somewhere on the books. I've only been there for 6 months and i just found out that he's not filing taxes on me.

I work at a tattoo shop as a independent contractor so the form says. I'm not sure on that because i have set days and set hours. I've been there tattooing for 6 months. My boss has been paying me tax under the table and i haven't been given a 1099 or w2 or anything. I want to leave here and go work at a shop in the next city over where i will be on the books because I'm trying to buy a house for my family. I signed a non compete when i started saying i won't work in a 30 mile radius from the shop i'm at now. I wanted to know since technically I'm working illegally is this contract even valid since he's not following employment rules?

1 answer  |  asked Mar 10, 2016 06:37 AM [EST]  |  applies to Florida

Answers (1)

Phyllis Towzey
These are two different issues, but you may be able to use the tax law violations as leverage to get out of the noncompete. However, realize that if you are not reporting that income yourself and paying taxes on it, then you are also violating the law. I would not recommend filing a lawsuit that makes your own illegal conduct public record.

You may want to hire an attorney to send a letter to your "employer" demanding that you be released.

But realize that so long as he paid you something (which he did, albeit under the table) there was "consideration" for the noncompete and it will probably be enforceable.

posted by Phyllis Towzey  |  Mar 10, 2016 08:52 AM [EST]

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