Is the non-compete agreement that my significant other signed

UPDATED: Oct 1, 2022

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Is the non-compete agreement that my significant other signed

My girlfriend recently became a real estate agent. She has chosen to sign an agreement for a company that she has been working as an office assistant to become a

Asked on January 24, 2019 under Employment Labor Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If she is going to be an independent contractor and not an employee, the restrictions are fully legal. An independent contractor is not, legally speaking, a type of employee; rather, an independent contractor is legally her own separate business. (That's why, for example, the company paying her does not take employee withholding out of her checks.) Businesses--including inderpendent contractors--can enter into essentially any agreements they want and are not given the protections afforded employees. So if she signs this agreement as an independent contractoer, she can be held to it, and therefore should only sign it if she intends fully to honor it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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