Independent Contractor Agreement Florida: Fill & Download for Free

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PDF Editor FAQ

Is a non-compete agreement enforceable with an independent contractor?

The real question is whether or not one's status as an independent contractor is dispositive and renders a non-compete agreement entirely unenforceable. The answer is no. There is no definitive rule that an independent contractor can never be subject to a non-compete agreement.The first question is what law applies? Is it Florida law? Texas law? Washington law? Non-compete law varies tremendously from one state to another. But under the law of most states, if the non-compete would be enforceable against an employee, then it would also be enforceable against an independent contractor.Trust me, I get the logic and the common sense: Independent contractors shouldn't have non-compete agreements because they should be, you know, independent and free to do other business, service other clients, etc. But this raises more of a misclassification issue than an issue re non-compete enforceability.The best rule of thumb: If the agreement would be enforceable against an employee (to protect a legitimate business interest, e.g., confidential information or customer relationships), then its probably enforceable against an independent contractor as well.

How can I become a mystery shopper in Florida (Miami).?

Anyone who wants to mystery shop should start by going to the forum at mysteryshopforum.com. There, shoppers discuss getting started, different companies and assignments. There is also a list of legit shopping companies to sign up with.Don't ask “ who shops Olive Garden?”, for example, as people have spent a lot of time and effort finding that out, and are prohibited from sharing that info by their independent contractor agreements.

Are individuals working under an independent contractor agreement considered Sole Proprietors? Do sole proprietors in Florida have to buy worker's compensation if they do not have employees?

In many states you cannot claim to be an independent contractor unless you have a specified number of clients or greater. Anyone hiring you as an independent contractor, especially if they are a job broker, would be breaking the law by not treating you as an employee.Sole Proprietorship has to do with business ownership.Independent Contractor has to do with business client relationships.Two different animals.

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