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  1. #1
    Join Date
    Apr 2015
    Posts
    1

    Default Noncompete Agreement With an Independent Contractor

    My question involves independent contractors in the state of: Wyoming
    hello, I'm a personal trainer and I used to work for a gym as an independent contractor. The owner made me sign a contract in which one part says "contractor recognized that the obligation to pay Company for the Training of Company Clients does not end when the employment arrangement established under this agreement ends. Contractor agrees that during his or her employment with Company, and for a period of two years after the employment arrangement under this agreement ends, contractor will have the obligation to pay to Company that percentage of the revenues generated set forth in section 7b of this agreement." section 7b "private classes: company shall pay contractor 65% of the gross revenues from contractor's private training of Company Clients." Since leaving that gym I have a client I trained at the previous location contact me about training. The previous gym owner found out and actually texted me "remember the contract you signed, don't screw me or i'll really screw you." Everyone i've talked to told me in Wyoming this contract holds no legal ground. Or, i'm owed lost wages for taxes she didn't pay for.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,145

    Default Re: Noncompete Independent Wyoming Contractor

    Quote Quoting trainer1
    View Post
    Everyone i've talked to told me in Wyoming this contract holds no legal ground.
    Were "everyone" lawyers?

    If not, they are clueless.

    Non-compete agreements hold plenty of legal ground in Wyoming as long as they meet certain requirements explained by the Wyoming Supreme Court in Hopper v. All Pet Animal Clinic, Inc., 861 P. 2d 531.

    Read Section IV. Discussion - A. The Enforceability of a Covenant Not to Compete and B. Damages for Violation of a Covenant Not to Compete.

    http://scholar.google.com/scholar_ca...en&as_sdt=4,51

    If you want to risk the 10 or 20 thousand dollars in attorney fees that it would take defending a lawsuit, be my guest.

    Quote Quoting trainer1
    View Post
    Or, i'm owed lost wages for taxes she didn't pay for.
    That's a completely different issue for which you can sue if you like. But it doesn't entitle you to breach your non-compete agreement.

    Of course, you can breach it if you want to, wait for the employer to sue you and then counter-sue for your unpaid wages.

  3. #3
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,030

    Default Re: Noncompete Independent Wyoming Contractor

    Agree with the above.

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