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Re: Switching companies same system?

Did my research. He is a sub or known as an Independent Contractor (cables). The language which applies to the entity as far as non solicitation goes should be kept only in reference to his hiring ethics. Now if he signs a non compete agreement and a non solicitation agreement based on who he is as a company or 1099 employee, can work for makes him no longer a contractor, instead makes him an employee. ? is why. Once you tell me as a contractor I cant go next door to another prime or sub or another contractor, I am then economically dependent, that then makes me an employee. A contractor according to law is allowed to solicit his work, that is how he gets his work, but he can not solicit to make the grass greener for employees from another company. Think about a plumber who goes from customer to customer, If he comes to my house and I tell him he has to sign a non solicitation or a no compete agreement before he can fix my pipes, he is not allowed to work on anyone else pipes on my street, this makes him dependent and he is no longer a contractor for me, he is then my personal plumber/employee. This means charge backs and not paying overtime is illegal. 1099 employees are considered Independent Contractor, based on a sub contract agreement and a W-9 form, per IRS and DOL. Unless he signs a non compete and non solicitation agreement based on who he can work for. http://www.ca5.uscourts.gov/opinions%5Cunpub%5C09/09-60212.0.wpd.pdf
This is CABL.com posting #342879. Tiny Link: cabl.co/mbBmt
Posted in reply to: Re: Switching companies same system? by goodsky
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