Today I advised a professional employee client about how he might avoid a non-competition and confidentiality agreement. Also today, I revised a non-compete for an EMPLOYER who makes his employees and contractors sign them. For their benefit, employers usually want arbitration clauses in employment agreements. But not in non-competes. In those, the employer wants employees to be subject to judicial enforcement, or at least be fearful of a judge and attorney’s fees. Employers know arbitration is toothless compared to a civil case. That is why they demand court proceedings in their agreements when they could use their power, and hide from them when they know they could be hurt. For employers, it’s dealer’s choice. If you feel like you’re on the receiving end of a bad deal, then click “Services” above, or contact me by email at JimL@LangendorfLaw.com.
A client came to me with an unpaid overtime case today. She had been mis-classified, willfully I’m sure, by her former employer. My client was, by all tests and checklists, an employee. Yet she had been paid as a flat salaried, independent contractor. Employers do that often. True, employees think it’s great – until they realize co-workers on the clock are being paid more, working less, and don’t have to pay self-employment taxes. When they learn this and take action with lawyers, those same cheating employers become liable for unpaid overtime wages, that amount doubled, unpaid payroll taxes, and attorney’s fees.