Legal Question in Business Law in Massachusetts

Non-Compete Agreement and Employment Hell!

I live in MA and I work as a PC Technician at a local repair shop. This shop does not offer Workman's Comp (technically we are ''contractors'', but we do not have our own licenses nor workman's comp programs), does not pay overtime, is a high stress workplace, until recently did not give breaks to anyone working over 6 hours, employs minors over 8 hours a day, has a history of threatening employees jobs and thier salary (I'm taking this out of your paycheck, etc.), and to sum it all up, we have tons of exposed wires making this an unsafe workplace. In fact, today I was told unless I keep my work area clean my boss is going to clean it himself and then take $20/hr out of my paycheck for doing it. Now, this is not a job that ANYONE would want to go to daily. But I signed a Non-Compete agreement upon being hired. Being a PC Tech, this is my trade, what I am best at. I was wondering if because of all these workplace violations, etc the Non-Compete agreement could be rendered invalid by a judge. Thanks for any response, the Agreement is up on my personal website for all to look at: http://mysite.verizon.net/downloadmaster2049/noncompete.doc


Asked on 6/23/06, 10:35 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Non-Compete Agreement and Employment Hell!

It sounds like the workplace can call you anything i wants, but you may well be an employee. Whether as a contractor or an employee, you are entitled to payment for the time that you worked. If you fit into the definition of an employee, you can see the assistance of the attorney general's office, or get leave to file an action to recover lost "wages." I believe the issues you raised are more complex than can be answered in this response, and you should seek an office visit with an attorney.

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Answered on 6/24/06, 1:58 pm

Re: Non-Compete Agreement and Employment Hell!

First, it would appear given the level of control exerted by your employer, you should be classified as an employee, which means he will owe the state Unemployment insuraance premiums. You should contact an attorney and the Attorney General's office regarding his withholding payment of wages.

Third as to a non-compete, when did you sign this before you started work, at the time you began work or after you began work? When you signed will impact the agreements enforceability.

Also, such an agreement must be reasonable in its scope and cannot be so onerous as to prohibit you from engaging in your profession.

You should contact an attorney as soon as possible.

Good Luck.

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Answered on 6/24/06, 6:38 pm


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