Legal Question in Real Estate Law in Massachusetts

I recently started working for a real estate agency as a rental agent as the suggestion of my significant other, who started a few months ago. I am working as an independent contractor - 1099. I was required to sign a non-compete the day I started. I am unlicensed (taking the exam this weekend), but the agency advertises that they will hire unlicensed agents and train you while you prepare for the license exam. Turns out that I'm being forced to engage in activity that is illegal for unlicensed persons according to the real estate board here in my state. Naturally, I'm not paid to do any of the long hours of work they require, and boy do they crack the whip. The broker threatened my significant other that if he didn't write out a day plan for each day, which we are all required to do, he will be suspended for one week. The place is run almost like a sweatshop. They're probably in violation of fair labor laws as well, since I'm not licensed and cannot close deals so I'm working for free. Their constant supervision of all of us seems to move us into the category of employees and not independent contractors.

I am committed to this field and cannot possibly wait 1 year or find work beyond 20 miles of their agency to find employment, which is the condition of the non-compete. I am planning to leave and go work for another agency as soon as I get my license. Do you think I have a good case to fight the non-compete should this broker come after me? He's been known to be viscious, which I discovered after the fact. But I'm not even a licensed agent so what exactly is it that I cannot do for 1 year or within the 20 mile radius? Thank you.


Asked on 1/18/11, 2:45 pm

3 Answers from Attorneys

Paul Lancia Attorney Paul Lancia

Yes, you do have grounds to defeat any legal action to hold you to the non compete.

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Answered on 1/23/11, 2:51 pm

Yes, especially since he is violating the licensing law.

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Answered on 1/23/11, 2:55 pm
Jonas Jacobson Law Offices of Jonas Jacobson

You may, in fact, have a cause of action under the Massachusetts Wage Act.

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Answered on 1/23/11, 4:40 pm


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