bad IT contractor: best way to remove??

[infocus]

What is the name of your state (only U.S. law)? CA

I have been using a technical contractor for the past two years and now I want to end the relationship. I want to be sure that in the future he wont take any of our clients or use any internal data. I was thinking to have him sign a non compete agreement before I pay him his final check, but then I read this:

in California, a non-compete clause is only enforceable when someone sells a business and agrees not to compete with the new owner. Besides that, California employers cannot restrict the livelihood of their employees.

Bottom line: he is a contractor, not an employee. Should I have him sign a non compete clause before I pay him? Or some other document?

 

[JETX]

You should have thought of all those things BEFORE you entered into this relationship. At this point, absent a contract or agreement to the contrary, you need to simple do an 'immediate' cut. Do you know the passwords and access codes to what he has done?? If so, go in after he has left for the day and change EVERYTHING. Then, when he comes in the next day, advise him that his services are no longer needed. Review EVERYTHING he packs up to make sure he doesn't take any company information or assets. Heck, you could even already pack his personal belongings and have them set aside for him.

Pay him in FULL for his work. Your attempt to hijack him by withholding pay to get him to do what you want could lead to legal action against you.

 

[infocus]

As he is a contractor, there is nothing to "pack up" He does have some of our inventory which I will ask for in full. No problem on changing passwords, etc. So you are saying we cannot force him to sign anything and threaten not to pay if he doesn't. We just have to pay him and move forward and be done with it.

 

[mlane58]

As he is a contractor, there is nothing to "pack up" He does have some of our inventory which I will ask for in full. No problem on changing passwords, etc. So you are saying we cannot force him to sign anything and threaten not to pay if he doesn't. We just have to pay him and move forward and be done with it.

You can't force him to sign a non-compete or hold his final pay unless you want to be sued in small claims and lose.

 

[CraigFL]

I heard you could only make someone sign a non-compete if it was in exchange for a raise and a six month extension on their contract. After that....

 

[cbg]

There is no such law. However, you can't force someone to sign one either, short of holding a gun to their head.