How are Non-compete agreements illegal for independent contractors?

Question

If I am an independent DJ and have to supply my own music can the company prevent me from playing outside the organization for a year?
Does the IRS consider me an employee because I am told when and where to work?
Can a company prevent me from having more than one job within the same field when there are no secrets involved ( as would be found in a scientific setting)?

Answer 1

generally speaking, non-compete agreements with unreasonable constraints on employment will not be enforced

For the most part, employers use these things to scare the **** out of people ... unfortunately, the often succeed

Most employers will not spend the time and money to enforce in any case .... yes, there are exceptions but normally it simply isn't worth it ...

Answer 2

You really have two questions going on here. First, the non-compete issue is decided by state law. Under California law, as one commenter pointed out, a non-compete is unenforceable except in the case of the sale of a business, or an interest in a business. Other states might be more pro-employer (i.e., Republican) and might enforce a non-compete in your situation.
Second, the IRS has 20 factors that it relies on to classify an independent contractor or an employee. Cases usually start out when an "independent contractor" is fired and applies for unemployment or gets hurt and applies for workers comp. Once the unemployment compensation board or workers comp board determines that the worker was an employee, the IRS is informed and assesses large amounts of employment taxes.

Answer 3

If you sign a non-compete agreement then they can ABSOLUTELY prevent you from doing the same thing outside of their company. If you don't sign a non-compete agreement then you can do whatever you want, but that isn't to say they won't be mad about it. As far as I know, non-compete agreements do not discriminate based on the field involved. I have signed 1 or 2 in my lifetime for the web-development field and that was never an issue that came up. If you sign it and it's notarized or validated by a lawyer, it's legally binding.

Answer 4

In Ohio, courts implement non-competes in undemanding words to the quantity had to guard an organization's commercial pursuits. So, what does that propose? actual, it potential inspite of a choose comes to a decision it potential. to provide you a concept, there turned right into a case the position some human beings worked for a court reporting agency. They signed a non-compete w/2 3 hundred and sixty 5 days deadline, and coated Franklin Co. both workers later provide up, and all started their own court reporting agency. both were finally sued. The court changed the contract to at least a million 3 hundred and sixty 5 days, and Columbus city limits. Rogers v. Runfola & Assoc. (1991). do no longer ignore that the load of implementing and proving the reasonableness of the non-compete belongs for your organization. Do you imagine they have the balls to bypass to court in case you start up a competing agency?

Answer 5

I am no lawyer, but I heard that non compete agreements were not enforceable in California. I suggest refrain from signing