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by being classified as a contractor, the lost opportunity to

collect unemployment benefits if terminated, and any

overtime pay that person would have been entitled to as a

W-2 employee. Further, because violation of this law is

also a violation of the Wage Act, the employer could be

liable for three times those damages, as well as the

employee’s legal fees and costs incurred enforcing the

law.

Chapter 5

Non-Compete Agreements

Many employers require employees, particularly

key technical or sales employees, to sign agreements not

to compete with the employer for a certain period of time

after their employment ends (“non-compete” agreements

or “restrictive covenants”).

58| Rules of the Road