Independent Contractor/Non- compete?

[Anonymous]

Has anyone dealt with being paid as an independent contractor who has a non-compete clause written into their contract? Basically, I am a misclassified employee (same hours every week, staff, etc). I am very unhappy in my job currently but I have a 7 mile radius non complete clause. Would this even be able to be upheld if I did leave?

[Anonymous]

Probably depends on the state, industry, job etc. you'd probaly want to consult a lawyer

[Anonymous]

Anonymous wrote:Has anyone dealt with being paid as an independent contractor who has a non-compete clause written into their contract? Basically, I am a misclassified employee (same hours every week, staff, etc). I am very unhappy in my job currently but I have a 7 mile radius non complete clause. Would this even be able to be upheld if I did leave?

i would negotiate the mileage and distance up front if not too late. I currently have a 1 mile radius which is reasonable. Previous person tried to get me to sign 25 mile radius. Not. No one can control where you set up a business after you leave that I’m aware of.

[Anonymous]

They are very, very hard to enforce.

[Anonymous]

Anonymous wrote:They are very, very hard to enforce.

What makes you say that? If the terms are clear and reasonable in scope, why would they be hard to enforce in court?
OP, what industry, what position and where are you?

[Anonymous]

One of the defining tests as to whether someone should be considered an employee vs an independent contractor is whether the person is free to market his or her services elsewhere (in addition to whether the hiring company is controlling the time and manner in which the work is being done). Your scenario sounds like it’s failing the sniff test -as many independent contractor set-ups do- so if the employer goes to court to enforce the non-compete, they could very well be found to have mis-classified you and be liable for back employment taxes. This is in addition to the question as to whether the non-compete itself is enforceable, which probably depends on what state you’re in and how broadly the non compete is written.

One caveat - I’m not a lawyer, but I have had reason to consult with one for an independent contractor related questions.

But with the facts given, I’m betting that your non-compete clause is completely unenforceable. But it might be worth checking with a lawyer to be sure and also to have someone available to write a threatening response if they do try to enforce that non-compete.