Question about non-compete

[truthbetold]

I recently started working for a real estate agency as a rental agent at the suggestion of my significant other, who started a few months ago. I am working as an independent contractor - 1099. I was required to sign a non-compete the day I started. I am unlicensed (taking the exam this weekend), but the agency advertises that they will hire unlicensed agents and train you while you prepare for the license exam. Turns out that I'm being forced to engage in activity that is illegal for unlicensed persons according to the real estate board here in my state. Naturally, I'm not paid to do any of the long hours of work they require, and boy do they crack the whip.

Today, the broker threatened my significant other that if he didn't write out a daily plan of his every activity (which many of the agents are required to do), he will be suspended for one week. Naturally, he's livid over such bullying tactics. After reading the difference between an IC and an employee, it seems their over control of a person's day/time falls into the category of employee, although no one is paid to do all the required activities besides closing deals. Since I'm not licensed and cannot close deals, I'm essentially working for free. When I realized I was engaging in illegal activity, I told my manager I needed to hold off until I get my license, and I explained why. Surprisingly, she didn't seem concerned over why I told her I couldn't work there now, as though she knows they are in violation of the law.

Regardless, I have committed to this field and cannot possibly wait 1 year or find work beyond 20 miles of their agency to find employment, which is the condition of the non-compete. I am planning to resign and go work for another agency as soon as I get my license. Do you think I have a good case to fight the non-compete should this broker come after me? He's been known to be viscious, which I discovered after the fact. But I'm not even a licensed agent so what exactly is it that I cannot do for 1 year or within the 20 mile radius? Thank you.

 

[army judge]

I recently started working for a real estate agency as a rental agent at the suggestion of my significant other, who started a few months ago. I am working as an independent contractor - 1099. I was required to sign a non-compete the day I started. I am unlicensed (taking the exam this weekend), but the agency advertises that they will hire unlicensed agents and train you while you prepare for the license exam. Turns out that I'm being forced to engage in activity that is illegal for unlicensed persons according to the real estate board here in my state. Naturally, I'm not paid to do any of the long hours of work they require, and boy do they crack the whip.

Today, the broker threatened my significant other that if he didn't write out a daily plan of his every activity (which many of the agents are required to do), he will be suspended for one week. Naturally, he's livid over such bullying tactics. After reading the difference between an IC and an employee, it seems their over control of a person's day/time falls into the category of employee, although no one is paid to do all the required activities besides closing deals. Since I'm not licensed and cannot close deals, I'm essentially working for free. When I realized I was engaging in illegal activity, I told my manager I needed to hold off until I get my license, and I explained why. Surprisingly, she didn't seem concerned over why I told her I couldn't work there now, as though she knows they are in violation of the law.

Regardless, I have committed to this field and cannot possibly wait 1 year or find work beyond 20 miles of their agency to find employment, which is the condition of the non-compete. I am planning to resign and go work for another agency as soon as I get my license. Do you think I have a good case to fight the non-compete should this broker come after me? He's been known to be viscious, which I discovered after the fact. But I'm not even a licensed agent so what exactly is it that I cannot do for 1 year or within the 20 mile radius? Thank you.

First of all, stop talking.
If a fish never opened his mouth, it wouldn't get caught!
Don't tip your hand, and it isn't wise to tell a killer that you saw him stab COL Mustard in the Closet with an icepick!

So, why not just resign for personal reasons.
Thank them for allowing you the opportunity to work at their FINE and PRESTIGIOUS firm, but personal reasons now require you to resign.
If they persist, tell them you have a health issue and federally protecting from disclosing it, or your dear grandmother requires your presence to assist her with some personal matters, or you're going back to college FULL-TIME, or you have to help a relative take care of a minor child, or yada yada yada blah blah blah!

Less is more, so don't say TOO much.

And, remember, never tell the killer, "Dude, I saw what you did!"

 

[truthbetold]

Thanks. Good point. I have considered just telling them I'm going to remain at my current job (which I'm still finishing up, I've only been at this agency for 2 weeks) as a director of a nonprofit, totally different field. But I do have an interview tomorrow at another agency and when you work as an agent, your name and phone number is on all the advertisements of all the apartments you rent.

Moreover, I do believe that since I am currently unlicensed, and will remain unlicensed when I resign, which will be very shortly, he can't technically go after me since I'm useless to him unlicensed. And since I'm currently working for him unlicensed which means I cannot make any money, I think that might be a violation of labor laws. Regardless, I do believe that what takes place after I resign, such as getting my license, cannot be held against me, can it? I was not an agent when I signed the non-compete, nor was I licensed the entire time I worked for him, I was just me. He can't possibly stop me from being employed as me for an entire year and/or within a 20 mile radius.

 

[army judge]

Thanks. Good point. I have considered just telling them I'm going to remain at my current job (which I'm still finishing up, I've only been at this agency for 2 weeks) as a director of a nonprofit, totally different field. But I do have an interview tomorrow at another agency and when you work as an agent, your name and phone number is on all the advertisements of all the apartments you rent.

Moreover, I do believe that since I am currently unlicensed, and will remain unlicensed when I resign, which will be very shortly, he can't technically go after me since I'm useless to him unlicensed. And since I'm currently working for him unlicensed which means I cannot make any money, I think that might be a violation of labor laws. Regardless, I do believe that what takes place after I resign, such as getting my license, cannot be held against me, can it? I was not an agent when I signed the non-compete, nor was I licensed the entire time I worked for him, I was just me. He can't possibly stop me from being employed as me for an entire year and/or within a 20 mile radius.

Less, is ALWAYS more!
Good luck.