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Non-Compete Agreement Enforceability in Florida

Started by Emily_S_10 · Jun 4, 2024 · 234 views · 2 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
ES
Emily_S_10 OP

Has anyone dealt with something like this in Florida? I'm not sure what my options are.

employer changed my status to contractor. I've been dealing with this for about 3 months now and the situation isn't improving.

I have worked at this company for 11 years. My position is non-exempt and I do have a written employment agreement beyond the standard offer letter.

Do I have a strong case? What should my next steps be?

KM
kevin_mac_23

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

LA
landlordissues_4 Attorney

@opening_statement_9 — Yes, this is textbook misclassification. The IRS, DOL, and state agencies all look at the substance of the relationship, not the label. Key factors that indicate employee status: (1) the employer controls when, where, and how you work, (2) you use the employer's tools and workspace, (3) you work set hours, (4) you report to a supervisor, (5) you don't have other clients. If all of these describe your situation, you're an employee regardless of what the paperwork says. File complaints with: (1) IRS Form SS-8 (determination of worker status), (2) your state labor board, (3) DOL Wage and Hour Division. You may be entitled to back benefits, unpaid overtime, unpaid payroll taxes, and penalties. In many states, willful misclassification carries criminal penalties for the employer.