Is the non-compete agreement that my significant other signed

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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