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.

Asked on 3/27/00, 12:12 pm

Ken Koury Kenneth P. Koury, Esq.

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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.

Answered on 3/30/00, 12:52 pm

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