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non compete Florida

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  • non compete Florida

    I have been working in the same line of work for fifteen years and my last employer required me to sign a non compete paper.I have since resigned and started working somewhere else and they are telling me I have to quit my job. This is all I have ever done to make a living and I cannot quit my job. Can they make me quit my job?Also my husband is an independent contractor can they require him to work a set shift and pay him as an independent contractor.If they designate a shift do they have to pay him holiday and vacation pay and sick days and personal days like they do all of the other employees?

  • #2
    Why is your new job saying you "have to quit"? Are they telling you that YOU are in violation of the noncompete or that THEY are in violation of it by having hired you? I would not voluntarily resign, however.

    You will have to have the NC agreement reviewed by a Florida attorney versed in employment law.

    Regarding your husband, what exactly does he do and what type of business does he do it for? If he meets the criteria for IC status, benefits do not have to be paid. In fact, providing benefits is one of the indications of employee status, not IC status. Meeting the criteria is a matter of the "preponderance of the evidence". Requiring set hours, in and of itself, does not automatically invalidate IC status. Here is the IRS definition (although different regulatory agencies, such as the DOL, can have seperate definitions).
    http://www.irs.gov/taxtopics/tc762.html
    Last edited by Pattymd; 04-01-2009, 02:01 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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