Competition is healthy. I say if they made you money and did good work and have it in them to run a business, it is honestly selfish to expect them to stay small so you can profit off of them.
In Orlando, Fl, for 2 1/2 years, I was working as a W2 employee, but I was getting paid as a W1099 independent contractor without benefits and no overtime pay. I've never signed a non-compete agreement, and about one month ago, I quit my job and started my own junk removal businesses, and yesterday, I was contacted by text message by my former employer and he was threatening me to stop and close my business because I violated the non-compete agreement. I was working misclassified and never signed any non-compete agreement. Can he sue me? Can I report/ sue him because I was getting paid as an independent contractor, but I was working as a W2 employee every day from 8:00 am until he said you are clear for the day after 8, 10, 12, 14, 16 hours shift!?
This is really great information. One inquiry. I actually was sent an independent contract agreement by a new company that had a very big non-compete, non-soliciation and pretty big breach clause. I obviously didn't sign it, but I inquired further asking for revisions. Anyway, their attorney (who is a litigator versed in creditor's rights and bebt collection) answered my questions by just stating that these were all very common. They are based in New York. I even hired a new york based employment lawyer to confirm my reasonings. The contract even states stipulated damages of up to 100 000 dollars, as well as payment of attorney fees in case of breach with compounded interest of 1.5% interest per month per annum, which is actually usury in New York based on previous court rulings on loan and forebearance laws. Anyway, I actually believe the company to be genuine and kind people, but I'm not sure what to do, since I don't see how their attorney and the contracts he is drafting is legal, enforceable, let alone helping them. Any information would be appreciated.
Unfortunately, we're unable to provide legal advice for your specific situation as we're not a law firm. However, it sounds like you may want to consider whether or not this is a client you really want to work with given the red flags you've noticed so far.
@@TheContractShop Thank you for your reply. That makes sense. It is hard to know if it is their lawyer or themselves, either way, I don't need to get involved! Many thanks for all your work on this channel.
Hello great video. Would this apply to a corporation doing business with another corporation. Could they demand a non compete clause? Is it enforceable? Thank you.
Thanks for watching. I can't give advice to your particular situation so I'll just respond generally speaking. A company hiring another company is hiring a contractor, so what I said in this video is applicable in that scenario. A company partnering with another company is different-- that is called a joint venture (JV) because both companies are sharing the risk and reward. To do these JVs in a smart way requires either a contract and/or a new LLC (a third LLC) with an operating agreement if the JV is more substantial than just a one-off event (like a single webinar series). I'll send this to my content team and we can create something more substantial around this.
