Is the First contract still valid? Employer law question. Renounced and want to work, but my ex boss is harassing, lost wages

Asked about 2 years ago - Houston, TX

A company hired me to work as sales consultant with basic salary plus bonus, and i should assist mandatory to meeting 3 times a week. If i missed 3 meetings a months they could pay me the half of the salary. They hired me as independent contractor doing outside sales, and I sign a contract in english that i did not understand and the trainer couldn't explainme she/he did not have both a clue idea of english. 99.8% of the employees are hispanics. The contract was non compete and expressed that after the termination i could no work for a similar company after certain period of time. The situation was that i quit that job and get another different and after more than 3 months they hired me but with another contract that was different. Ex boss send me letters,text isn't harassing andloss wages

Attorney answers (1)

  1. Judith Batson Sadler

    Contributor Level 4


    Lawyer agrees

    Answered . Whether the non-compete is enforceable depends on the particular facts of the case and whether they met the conditions of the agreement. The fact that you are allegedly an independent contractor would be contrary to the claim that you could not work for another company. Your prior company may not be able to enforce the contract against you and if so you can work for other companies, but it will require a detailed factual and legal analysis to determine whether this is correct. The fact that you signed the agreement without understanding it because it was in English does not necessarily help your case, though it could be a factor in defending against a claim.

    The response are intended to provide general information and do not establish an attorney client relationship.... more

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