Legal Question in Employment Law in Florida
Non-compete agreement / Employee vs. contractor
I was contacted to work on a project. The Client contacted a Translation Agency who, in turn, identified potential translators and appointed a Project Coordinator. The Translation Agency's role to identifying the talent. Now, in order to be part of the team, I had to sign a contract with this Agency. This had a non-compete clause: "For the duration of the relationship, and (2) years thereafter,” and precludes direct communication with Client without their approval. Now, however 1) my only involvement with Agency was signing the contract. Without having ever worked for them, is that “a relationship”? 2) The Translation Agency stepped aside and a Project Coordinator is negotiating with Client directly (another independent contractor). 3) Initially, Client wanted to pay us as hourly employees. Now they want us as contractors. Am I right in assuming that I cannot sign a contract with Client because of the Translation Agency Non-compete clause? Can I only get paid through said Agency? What if Agency does not want to be the middleman?—it allowed a Coordinator to handle negotiations. Can they cause me grief later, once I start working for Client?No jurisdiction is written on contract but Agency is in Florida, and I am in California.
1 Answer from Attorneys
Re: Non-compete agreement / Employee vs. contractor
noncompete agreements are generally illegal in CA. i would have to see the contract to give you a specific answer to your case.
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