Legal Question in Employment Law in Maryland

As an independent contractor who receives a 1099, can my employer require me to sign a non- compete agreement?

Asked on 9/15/13, 12:57 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm
0 users found helpful
0 attorneys agreed

A truly independent contractor wouldn't have an 'employer.' Issuing a 1099 is only one factor and the law will scrutinize such arrangements to make sure they are truly that of a independent contractor engaged by the hiring company. However, assuming one is truly an IC, there is no one general answer and the analysis is very fact-specific.

Persons who are not employees can and do sign non-competes. For instance, a seller of a business may agree to not compete with the buyer. Sometimes the seller agrees to perform IC consulting work to the buyer and also agrees not to compete elsewhere. Other independent businesses may agree to work on a project and not disclose trade secrets or compete in specific areas related to a joint venture. Other types of non-competition agreements between parties not in an employer/employee relationship can violate the law, particularly where they create a restraint on trade.

While I hope the general information above helps, you are encouraged to seek legal advice specific to your situation.

Read more
9/23/13, 7:22 pm

Related Questions & Answers

More Labor and Employment Law questions and answers in Maryland

Looking for something else?

Get Free Legal Advice

8822 active attorneys ready to answer your legal questions today.

Labor and Employment Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Phillip D. Wheeler, Esq.Phillip D. Wheeler, Attorney At LawMorro Bay, CA
Terry A. NelsonNelson & LawlessRiverside, San Bernardino, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now