Non Compete contract still in effect?

[robertbenda]

What is the name of your state? North Dakota

I worked as a wedding DJ and signed a non-compete contract with the company. It forbade competition for six months after employment within 60 miles of his principal place of business.

Has the six months required passed since I was changed from an employee to a subcontractor at the start of this year? I still have three dance to DJ for him but I will receive a 1099 at the end of this year, not a W-2.

Am I within 60 miles of his business since he moved 281 miles away, even though the weddings DJ'ed are still in my town? (Or does the 60 mile limit surround his office or where most of the dances are DJ'ed)

Thanks, in advance.

 

[lealea1005]

What is the name of your state? North Dakota

Am I within 60 miles of his business since he moved 281 miles away, even though the weddings DJ'ed are still in my town? (Or does the 60 mile limit surround his office or where most of the dances are DJ'ed)

Thanks, in advance.

What does your contract say? Does it say 60 miles from the business "main location"? Did the location of the business change when the owner moved?

good luck.

 

[robertbenda]

within 60 miles

the contract says:

"shall not act as a mobile disc jockey...within a radius of 60 miles of Employer's principal place of business. This agreement shall continue in effect for six months after ...if Employee is terminated by the Employer or if the Employee violates the terms of their Employment Agreement."

Since his office is home-based and he moved 280 miles away, is that considered his "principal place of business"

Or, since I'm no longer an employee, but a subcontractor (since Jan 1, 2006), hasn't the six months expired?

 

[lealea1005]

the contract says:

"shall not act as a mobile disc jockey...within a radius of 60 miles of Employer's principal place of business. This agreement shall continue in effect for six months after ...if Employee is terminated by the Employer or if the Employee violates the terms of their Employment Agreement."

Since his office is home-based and he moved 280 miles away, is that considered his "principal place of business"

Or, since I'm no longer an employee, but a subcontractor (since Jan 1, 2006), hasn't the six months expired?

If the prinicpal site of business has moved 280 miles away, then you are ok doing business as long as you are not withing 60 miles of the new "prinicpal site". Also, yes, your 6 months is up, so I guess none of it matters anyway.