LEGALLY SPEAKING: Protect Yourself When Freelancing - Legal Issues to Consider

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Osborne Molatudi – Employment Law Specialist and MD of Molatudi Attorneys talks about While federal and state labor laws guarantee some protections and rights to a more traditional workforce (like protection from labor abuse, workplace harassment, and discrimination), freelancers are generally not covered by most of these regulations.

And while you may have known that, have you considered the other legal issues you might face as a freelancer? Have you thought about taxes, insurance, or how to protect your freelance business? Becoming a freelancer can be a rewarding career option, but there are several legal issues you should know about and plan for as you embark on—or continue—your freelance career. Here’s what you need to know about protecting yourself as a freelancer.

Start With Your Previous Employer

Before you take on your first freelance client, check any prior agreements you have with your current (or former) employer. You may have signed certain legal documents that could limit what you can and can’t do as a freelancer and who you can and can’t work with.

A non-compete agreement means that you won’t “compete” with your employer for a specific time after you end your employment. This could mean you can’t work in the same geographical market as your employer, but it could also mean that you can’t work in the same industry as your employer.

If there’s a non-solicitation agreement in place, you can’t solicit your employer’s clients or customers for your new business. It could also mean that you can’t hire former coworkers either.

A non-disclosure agreement means you can’t disclose certain aspects of your employment. While this may not seem like a big deal, it could limit how you do business (you can’t use the same business model they do, for example).

As you plan your freelance future, make sure you understand how these agreements could impact it. If you aren’t sure what rights your employer may have, speak to a qualified attorney for guidance.
30 Nov 2022 1PM English South Africa Business News · Investing

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