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I work for a company that has a business entity in the US and another in Mexico. I am an employee of the Mexican company and, when I joined the company, also signed a contract as a contractor with the US company. I am on the Mexican company's payroll, although I once received a one-time bonus to my US bank account for which I was issued a 1099.
My US contractor agreement has a non-compete clause. The company is registered in the state of Washington and, from what I have read, I understand that the non-compete clause is void and unenforceable because I earn less than the contractor threshold (in fact, I earn nothing as a contractor other than that one-time bonus). Reference to law is here.
Our employee contract with the Mexican entity does not have a non-compete clause.
I want to start our own business that will be in direct competition with our employer. I just want to confirm that legally there are no grounds for him to claim that I am breaking our non-compete since it isn't valid. I plan on telling our employer about our intention to start this business while I continue to work in my role with his company.
Does anyone see any potential issues with the non-compete?
My US contractor agreement has a non-compete clause. The company is registered in the state of Washington and, from what I have read, I understand that the non-compete clause is void and unenforceable because I earn less than the contractor threshold (in fact, I earn nothing as a contractor other than that one-time bonus). Reference to law is here.
Our employee contract with the Mexican entity does not have a non-compete clause.
I want to start our own business that will be in direct competition with our employer. I just want to confirm that legally there are no grounds for him to claim that I am breaking our non-compete since it isn't valid. I plan on telling our employer about our intention to start this business while I continue to work in my role with his company.
Does anyone see any potential issues with the non-compete?
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