[VA] Contracts & Minors

[oidonn]

What is the name of your state? VA
What is your job as a contractor? Aerial Photography and Roof Inspections assisted by a drone.
Hi, I am a current minor (17) and have come here with a question about contracts. I am an independent contractor and signed an NDA a few months back in order to do business with a company, they also set me up with a W-4. I am looking to expand my services since I'm getting my license soon to other companies in their industry. Little did I realize there was a Non-Compete inside the NDA and they claim I can't do business with other companies in their industry. Is the contract considered void since it was signed by a minor? And if I do business anyways with other companies will the Non-Compete hold up in court?

 

[LdiJ]

What is the name of your state? VA
What is your job as a contractor? Aerial Photography and Roof Inspections assisted by a drone.
Hi, I am a current minor (17) and have come here with a question about contracts. I am an independent contractor and signed an NDA a few months back in order to do business with a company, they also set me up with a W-4. I am looking to expand my services since I'm getting my license soon to other companies in their industry. Little did I realize there was a Non-Compete inside the NDA and they claim I can't do business with other companies in their industry. Is the contract considered void since it was signed by a minor? And if I do business anyways with other companies will the Non-Compete hold up in court?

Would you actually be competing with them by doing work for other businesses in their industry?

 

[oidonn]

Would you actually be competing with them by doing work for other businesses in their industry?

I wouldn't be competing with them. To elaborate, they do solar and I take photos with my drone.

 

[zddoodah]

I am an independent contractor and signed an NDA a few months back in order to do business with a company, they also set me up with a W-4.

If the employer "set [you] up with a W-4," then it regards you as an employee, not an independent contractor.

I am looking to expand my services since I'm getting my license soon to other companies in their industry.

What does "getting my license . . . to other companies" mean? And what sort of license are you talking about?

Little did I realize there was a Non-Compete inside the NDA

So...you signed a document without reading or understanding it?

Is the contract considered void since it was signed by a minor?

Generally, contracts made with minors are voidable (which is different than void) at the option of the minor. Keep in mind, however, that, if you seek to void this contract, you may be required to return all consideration given by the other party.

And if I do business anyways with other companies will the Non-Compete hold up in court?

No one who hasn't read the document can opine intelligently about that.

I suggest you speak with your parents about all of this.

 

[quincy]

What is the name of your state? VA
What is your job as a contractor? Aerial Photography and Roof Inspections assisted by a drone.
Hi, I am a current minor (17) and have come here with a question about contracts. I am an independent contractor and signed an NDA a few months back in order to do business with a company, they also set me up with a W-4. I am looking to expand my services since I'm getting my license soon to other companies in their industry. Little did I realize there was a Non-Compete inside the NDA and they claim I can't do business with other companies in their industry. Is the contract considered void since it was signed by a minor? And if I do business anyways with other companies will the Non-Compete hold up in court?

If you are a low-wage employee, the non-compete agreement is unenforceable in Virginia as of July of this year.

Here is a link to the new law:

https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB330ER

You should not be worried, therefore, about any noncompete agreement, regardless of your age.

 

[oidonn]

What does "getting my license . . . to other companies" mean? And what sort of license are you talking about?

By license, I mean driver's license.

So...you signed a document without reading or understanding it?

I was naive enough to not read it all the way at the time. I thought it was just an NDA which is not an excuse, but it got the better of me.

Generally, contracts made with minors are voidable (which is different than void) at the option of the minor. Keep in mind, however, that, if you seek to void this contract, you may be required to return all consideration given by the other party.

Thank you.

I'll try to see if I can seek a remedy in the agreement with them.

 

[oidonn]

If you are a low-wage employee, the non-compete agreement is unenforceable in Virginia as of July of this year.

Here is a link to the new law:

https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB330ER

You should not be worried, therefore, about any noncompete agreement, regardless of your age.

I really appreciate the help. I have a meeting with them this week and will definitely bring this up with them.

 

[quincy]

I really appreciate the help. I have a meeting with them this week and will definitely bring this up with them.

Here are links on how to figure if you are a low wage employee (average weekly $1204/$62,500 annually):

https://law.lis.virginia.gov/vacode/65.2-500/

https://www.bls.gov/oes/current/oes_va.htm#00-0000

Your employer is prohibited from entering into, enforcing, or threatening to enforce any noncompete agreement if you are a low wage employee.

Good luck with your business.

 

[adjusterjack]

I am a current minor (17)

Good.

As a minor you don't have the legal capacity to contract. You can disavow the contract. Do it in writing to your employer ASAP.

 

[quincy]

There still could be a problem with any disclosure of confidential information if the disclosure adversely affects the business - even if the nondisclosure/confidentiality agreement cannot be enforced. But I would be surprised if a business would disclose trade secrets to a 17-year-old.

 

[Mass_Shyster]

Are you licensed by the FAA under part 107 to commercially operate a drone?

 

[quincy]

Are you licensed by the FAA under part 107 to commercially operate a drone?

Here is a Virginia Guide that addresses drone use:

https://doav.virginia.gov/globalassets/pdfs/policy/suas_-guide-for-virginia-airports-2019.pdf

 

[oidonn]

Are you licensed by the FAA under part 107 to commercially operate a drone?

Yes, I have a Part 107 license.

 

[quincy]

Yes, I have a Part 107 license.

That removes an otherwise potential obstacle to your business. Good.