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Independent Contractor Non-Compete in California

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  • 08-22-2007, 04:19 PM
    justaskingu
    Independent Contractor Non-Compete in California
    Hi... I am new to this board... but have been reading posts and am hoping that someone will be kind enough to answer a few questions that I have regarding non-competes in CA.

    I am an independent contractor and have been working for a healthcare consultant in CA (company X) for over three years. First two years I had other clients however, in 2007, company X has been 90% of my income. For the last several months, my invoices have been consistently been paid late. Yet, all work Company X does is PREPAID so there is no excuse as to why my invoices go late... That's neither here or there. This year I was promoted to Director of Contracting for Company X. I was running Company X (still on contractor status mind you). I indicated several times that i did not want this position. Now, once again, my invoices are behind. I gave notice and indicated to Company X that I would finish the work i have started but do not want to take on any new projects. Company X president emailed with a new assignment. I refused the assignment. (contract indicates I can do that). She then informed me she is the Pres of Company X would not pay any of my invoices unless I did whatever it was she wanted me to do. I said I QUIT AND RIGHT NOW. I also said "i didnt forget you were president of Company X, but you may have forgot that I am an independent contractor and have the right to refuse work and I'm refusing.

    Long story short - she's leaving nasty messages and sending emails that she is refusing to pay (dont really care) concern here is that I am in Florida, Company X is in CA. There is a non compete clause and all disputes are to be settled in CA. I have just recently begun marketing for my own clients doing the same type of work. Can they sue me? I also have a confidentiality agreement. Since they are in CA how will this effect me in Florida? Should I market business as usual? or can they sue me. I know if they can they will.

    I know that was a bit long winder but all opinions are greatly appreciated.
  • 08-24-2007, 10:34 AM
    Mr. Knowitall
    Re: Independent Contractor Non-Compete in California
    I can't interpret a contract that I haven't read, so I suggest that you have the non-compete agreement reviewed by a lawyer. They can sue you if you violate a binding term of a non-compete agreement (although California public policy weighs very much against enforcement; the interstate issue being a complication) or a confidentiality clause.
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