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Non-Compete Agreement Enforceability in New York

Started by Ryan_F_20 · Jan 7, 2024 · 1,035 views · 3 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
RF
Ryan_F_20 OP

I'm in a difficult situation in New York and trying to figure out my next steps.

gig company reclassifying workers. I've been dealing with this for about 7 months now and the situation isn't improving.

I have worked at this company for 8 years. My position is exempt and I do not have a written employment agreement beyond the standard offer letter.

Should I hire a lawyer for this or try to handle it myself?

PS
phil_s_29

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

AM
allison.m_2

Honestly, been there. Here's what I learned.

In my case, it took about 4-8 months to resolve. The key was filing with teh appropriate government agency.

ET
emma_tax_25

Something people miss: if your employer misclassified you as exempt when you should've been non-exempt, you might have 2-3 years of unpaid overtime to recover. Look at the duties test, not just the salary threshold.