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Is this legal? - none compete agreement for independent contractors

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noam

Junior Member
What is the name of your state (only U.S. law) Missouri

Hi
so my boss make all his contractors sign a non compete and a independent contractor agreement, and refuses to give us copies of the contracts.
Is it legal to have an independent contractor sign a none compete? and is it legal to refuse to give us a copy?

thank you
 


LdiJ

Senior Member
What is the name of your state (only U.S. law) Missouri

Hi
so my boss make all his contractors sign a non compete and a independent contractor agreement, and refuses to give us copies of the contracts.
Is it legal to have an independent contractor sign a none compete? and is it legal to refuse to give us a copy?

thank you

There is nothing illegal about making you sign a non compete. The question is whether or not the non compete would actually hold up in court. Refusing to give you a copy of what you signed is something that very well could make the non compete not hold up in court.
 

Zigner

Senior Member, Non-Attorney
For the future, pull out your cell phone and take a picture of any contract you sign.
 

quincy

Senior Member
What is the name of your state (only U.S. law) Missouri

Hi
so my boss make all his contractors sign a non compete and a independent contractor agreement, and refuses to give us copies of the contracts.
Is it legal to have an independent contractor sign a none compete? and is it legal to refuse to give us a copy?

thank you

Missouri recognizes non-competes and will enforce them if they are not overly broad in scope, not unreasonably restrictive in time or geographic area, and are found to protect an employer's legitimate business interest. The fact that someone is an independent contractor instead of an employee does not on its own make a non-compete agreement unenforceable.

Here is a link to a Missouri Supreme Court case, Whelan Security Co. v. Charles Kennebrew, Sr. and W. Landon Morgan, 379 SW 3d 835 (Mo. banc 2012), that discusses well non-compete agreements and what makes them enforceable/unenforceable: http://caselaw.findlaw.com/mo-supreme-court/1610356.html

It is good that you have a photographic copy of the agreement you were asked to sign. You could have/should have requested that your employer provide you with a copy of the agreement, and time to review it, prior to signing. No one should ever sign a contract without understanding all of its terms and what exactly they are committing themselves to with their signature.

That said, the non-compete does not really become an issue unless/until you want to violate its terms. If you think there is a problem with what you signed, you can have your photographic copy reviewed by an attorney in your area.
 

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