Legal Question in Employment Law in Minnesota

I signed a non compete form after being pushed out of my current industry by a large corporation with the insinuation that they would keep me busy and it turns out they are not giving me even close to the amount of work I was doing before signing. Can they enforce the non compete even though they are not keeping me busy as agreed as a sub contractor ? I am NOT an employee of the company rather I own my own company that directly competed with this company. They essentially pushed myself and several other companies out by lowering prices and forcing us all to sign a non compete to continue in the field. I was already in this field and received NO training from them what so ever in order to be able to complete the necessary work.


Asked on 2/18/13, 7:00 am

2 Answers from Attorneys

David Anderson Anderson Business Law LLC

Would need to review it

If they are in breach

You may have a defense

Call or email me

I am in Eden Prairie

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Answered on 2/18/13, 7:10 am
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. Minnesota law is said generally to look upon noncompete contracts with disfavor. See MN Bench and Bar August 2011. A main reason for courst to look upon noncompete contracts with great scrutiny is because these agreements are partial restraints on trade. One issue pertaining to independent contractor noncompete agreements is whether there is independent �consideration� (which means, an exchange of monetary value or some other bargained-for exchange of benefits). I urge you immediately to confer privately with a qualified attorney about the facts of your situation and your issues. I repeat: Do act with no delay, because delay may certainly negatively affect your rights and recourse. The attorney will discuss the situation with you in great detail and review all pertinent written documentation. I recommend that you make several telephone calls in choosing an attorney to help you, because it is important that you feel comfortable and a sense of trust. All the best to you.

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Answered on 2/18/13, 7:31 am


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