Q: I am an employee with a mobile paint business that visits car dealerships. I sign a contract 10 years.
And still employed with him. The owner has two pull behind trailers I have one owner has one. We cover Charlotte n.c and had a lot of business. Over the years we have lost to other competition due to price. At this time the owner has one dealership he works . The owner came to my home and picked his trailer up and told me that he's not firing me he will call me when he has work. I have a no compete clause in the contract is this contract still enforced.
A: This depends upon the language in the contract. More interestingly, he appears to be treating you like an employee, but likely classifying you as an independent contractor. If you have in fact been an employee, you may be owed some back pay, and should be eligible to file for unemployment. Your boss would also likely have some back taxes to pay. All of that might provide some leverage to get him to let you out of the non-compete. Might be worth sitting down with a local employment law attorney to discuss.
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