QUESTION
If my company treats independent contractors differently, does the non-compete contract I had when I last worked in-house still apply to me?
Asked on Mar 21st, 2017 on Labor and Employment - North Carolina
More details to this question:
I had a non-compete when I was AFT employee. When I had to move 3 states away they kept me on as an independent contractor. They cancelled my salary and benefits but they continued to pay me commissions and later paid me an additional retainer fee to blog. I have asked them to pay me a base with automatic deposit and benefits but they will not. Since a competing has tried to recruit me to join their company with base, benefits, and they are also 3 states away. Can I accept my new job offer?
1 ANSWER
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How they treat you is not at issue and you haven't described how you have been treated differently. The payment arrangement you mentioned is consistent with how contractors are usually paid. You need to have someone review the non compete agreement to see if it is valid.
Answered on Jun 16th, 2017 at 6:14 PM