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  1. #1
    Join Date
    Jul 2008
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    16

    Default Is My Contractor Agreement Still Binding?

    My question involves independent contractors in the state of: Massachusetts

    I am wondering if the Independent Contractor Agreement signed by myself and my former employer is still binding if I was let go without notice im spite of my contract requiring a 15 day written notice. The contract states as follows:

    Term of the Agreement. This agreement shall commence on the signature date adn may be terminated by either party with fifteen (15) days written notice to the other party.

    Thank you!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: Is My Contractor Agreement Still Binding?

    What part of the IC agreement is at issue, here? Aside from being let go without notice?

    Are you under an NDA?

  3. #3
    Join Date
    Jul 2008
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    16

    Default Re: Is My Contractor Agreement Still Binding?

    Quote Quoting LawResearcherMissy
    View Post
    What part of the IC agreement is at issue, here? Aside from being let go without notice?

    Are you under an NDA?
    Thank you for your reply. The only part of the contract that seems similar to an NDA is:

    "Proprietary Information, Materials and Methods - Contractor acknowledges that in the performance of the contracted duties the Contractor will have access to Company's client files, forms, records, computer software, training materials and proprietary methods. these are the sole property of The Company franchise system. The Contractor understands that the unauthorized use, copying removal or disclosure of any such property to others constitutes theft and may result in civil or criminal proceedings."

    Now the part of the IC agreement that concerns me is:

    "Non-Solicitation Clause - Contractor acknowledges that all clients of The Company including those developed by Contractor during the performance of the contracted duties, are legitimate business intersts of The Company and the result of The Company's name, reputation, internal training and proprietary busienss methodology. Contractor therefore agrees not to solicit, invoice or initiate contact with any such clients for a period of two years following termination"

    I have no plans to contact or solicit any clients of my former employer however I am wondering about clients who may be in the same industry. Do you think I will be violating this contract by conducting business within the same industry?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Is My Contractor Agreement Still Binding?

    Do you think I will be violating this contract by conducting business within the same industry?
    As long as you're not sneaking up and snatching customers within that 2 year time frame, you should be fine. Nothing prohibits you from working in the same industry.

  5. #5
    Join Date
    Jul 2008
    Posts
    16

    Default Re: Is My Contractor Agreement Still Binding?

    Thank you, and one last thing...

    Is it true that my contract is rendered invalid now because my former employer did not provide me the required 15 days written notice?

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