What to do if I am an independent contractor who was required to sign an “Employment Agreement” referring to me an an employee?

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What to do if I am an independent contractor who was required to sign an “Employment Agreement” referring to me an an employee?

The agreement states that I cannot work for “2 year within 10 miles” (non-compete). It actually establishes me as an employee (their control, their hours, my fulltime attention to their business) not independent contractor, even though I invoice and pay my own taxes. I think if I end the relationship with them and some of their clients pursue me to continue working with them, the “employment agreement” is unenforceable. That is unless they want to also pay the tax liability so as to reclassify me as an “employee”, which will cost them several thousand. What do you think?

Asked on July 15, 2014 under Employment Labor Law, Ohio

Answers:

Maury Beaulier / MinnesotaLawyers.com

Answered 8 years ago | Contributor

It would certainly seem that there are inconsistencies beteren the agreement signed and the status claimed by the employer.  This can, of course, lead to a challenge of the non-compete clause.  You should have it reviewed by experienced counbsel. 


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