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  1. #1

    Default When are Non-Compete Agreements Enforceable for Independent Contractors

    My question involves independent contractors in the state of: MN

    I entered into a Indep Sales Rep Agrmt & Indep Contractor Non-Compete Agrmt Addendum(the generic one thats online) for a specific role/division within a company on 12/10. On 4/11, I signed a new Indep Rep Agrmt w/ for an additional role/division with same company, but did not re-do I.C. non compete. Again, the generic non-compete is a fill-in the blank: date, name, company, period of time=48 months, & sign.

    My ?'s are:

    Is the original non-compete still valid??
    If I wanted to I.C. w/ another company(meaning quit the 1st) that offers the 2nd rep agrmt services, but not the service of the original rep agrmt??
    Does it matter that I have only been doing the "competing services" in question for less than a year, yet the no-compete is 4 years??
    Does the fact that the owner of the company treats me like an employee: i.e. clock in/out, use of company vehicles/supplies w/o charge or spelled out in any agrmt??

    I hope I gave you enough info to answer. Thanks for any insight you can shed on this!!

  2. #2
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    Default Re: When are Non-Compete Agreements Enforceable for Independent Contractors

    You signed a noncompete agreement and have given us no reason to believe that it is not valid. Depending upon the terms of the contract it may or may not have started to run when you changed status within the company. If you don't understand your agreement or when it applies, you will need to run the actual text of the contract past a lawyer in your state. Whether or not the agreement is reasonable will depend upon the facts of the case and the industry involved.

    If you believe you were misclassified as an independent contractor when you were in fact an employee, you can make appropriate wage and tax complaints; but that has no obvious bearing on the noncompete.

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