Independent Contractor treated as employee.

I have been working as an independent contractor, in GA, performing a cosmetic service in a small office for 2 years. The propriter of this business started to make demands on me to incorporate claiming it is necessary to work as independent. I maintain that I do not make enough at this office to justify incorporation and need to take care of curent financial obligations first. I was also being pressured to obtain other, unnecessary, exspensive, certifications not required by law in my state and to perform uncompensated duties not related to my job. So I have terminated my association with the company.
I did sign a non-compete with a 10 mile radius clause and that any clients treated on the premises will remaine with with this business.
I am trying to move on but now my former "employer" is sending out letters discrediting my credentials and attacking me personally.
I have dedicated 20 years to my profession and am just starting over in a new state to be near my family. This person has only been in business 3 years but seems determined to keep me from making a living.
As an independent contractor can I allow my clients to know where I will be working if they ask? I am no longer working at this company and beyond the 10 mile radius. As an independent what recourse do I have? Just want to put this behind me and get on with my life. But the assaults on my character continue. How much do I owe this person as a contractor? Can I stop these slanderous letters?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Georgia:
I have been working as an independent contractor, in GA, performing a cosmetic service in a small office for 2 years. The propriter of this business started to make demands on me to incorporate claiming it is necessary to work as independent.

NO, IT IS NOT...BUT IT IS IMPORTANT TO BECOME A LEGAL BUSINESS WHETHER IT BE SOLE OWNER, PARTNERSHIP, OR CORPORATION (4 KINDS)
CORP.,SMALL CORP.,LIMITED LIABILITY PARTNERSHIP AND LIMITED LIABILITY COMPANY.

USUALLY ONE COULD START AS A SOLE OWNER WHICH IS EASIER TO START...BUT THERE IS A PROCESS...DECIDE A NAME...REGISTER IT IN YOUR COUNTY AS A TRADENAME...APPLY FOR FEDERAL AND STATE ID #'S...AND CHECK FOR
LICENSES NEEDED BY THE STATE FOR YOUR TYPE OF CONSTRUCTION AND IMPROVEMENTS...ONCE THE BUSINESS NAME IS REGISTERED...YOU'LL HAVE A CERTIFIED COPY OF THE TRADENAME OPEN YOUR BANK ACCOUNT, AND CONDUCT BUSINESS WITH THAT CHECKING ACCOUNT TO MAINTAIN RECORDS OF BUSINESS...

BUT A CORPORATION IS NOT THE ONLY CHOICE...
EACH TYPE OF BUSINESS ENTITIY HAS IT'S EXAMPLE WHICH IT IS BETTER SUITED TO...


I maintain that I do not make enough at this office to justify incorporation and need to take care of curent financial obligations first. I was also being pressured to obtain other, unnecessary, exspensive, certifications not required by law in my state and to perform uncompensated duties not related to my job. So I have terminated my association with the company.

BUT THERE IS AN ONE IRS ACID TEST THAT YOU SHOULD KNOW: TO BE A INDEPENDENT CONTRACTOR ONE MUST WORK FOR A LEAST THREE DIFFERENT CUSTOMERS...IF THE MAJORITY OF YOUR TIME IS DEDICATED TO ONE CUSTOMER YOU ARE THEIR EMPLOYEE...


I did sign a non-compete with a 10 mile radius clause and that any clients treated on the premises will remaine with with this business.


I AM NOT A LAWYER, BUT I BELIEVE ONE HAS TO BE COMPENSATED TO AGREED TO SUCH A CLAUSE...

I am trying to move on but now my former "employer" is sending out letters discrediting my credentials and attacking me personally.


THAT YOU SHOULD CONSIDER SHOWING A LAWYER FOR THEIR EXPERT ADVISE...IT'S GOOD THAT IT'S IN WRITING...NEVER WRITE SOMETHING YOU DO NOT WANT READ BY ANOTHER...

I have dedicated 20 years to my profession and am just starting over in a new state to be near my family. This person has only been in business 3 years but seems determined to keep me from making a living.
As an independent contractor can I allow my clients to know where I will be working if they ask? I am no longer working at this company and beyond the 10 mile radius. As an independent what recourse do I have? Just want to put this behind me and get on with my life. But the assaults on my character continue. How much do I owe this person as a contractor? Can I stop these slanderous letters?<HR></BLOCKQUOTE>