katie_beck

<p>Thank you all so much for your advice. I am definitely making plans to see one and I will also bring up the independent contractor status. I will also be looking for a new job. We are in fact paid as independent contractors though I do agree we should be employees. I'm not sure the reasoning for this but I will look into it. I used to work from home on occasion but now we are strictly in the office. I am not reimbursed for mileage or gas (unless its an out of town event). I make slightly more than minimum wage so that's not an issue (though considering our level of responsibility and skills, we really should be paid a more reasonable wage). Sigh. It is what it is.<br>

As far as copyright, I signed a document saying that what I shoot as an employee belongs to the studio. I'm not so much concerned with the ownership of the images. Its their clients. It would be nice to be able to use the portfolio I've created while working there for so long, but my own portfolio will do. I just don't think I should have to give up so much to gain simple work experience. All I want is the ability to make a career for myself independently from them. They can keep their pictures. </p>

<p>I can't thank everyone enough for the insight you've provided! This has really weighed heavy on my heart and I never realized how complicated this would all be. If I had, I probably would have never signed that paper. SO glad I posted on here! </p>

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<p>Wow everyone thank you so much for your advice! I really do appreciate your time. </p>

<p>Just to clear a few things up:<br>

-I am currently a part time employee (an independent contractor, but still).<br>

-I second shoot, do graphic design work, design books, edit images and fulfill client orders and just basic office stuff. <br>

-I do not handle finances or etc, just basic run of the mill photography studio work<br>

-I have shot weddings for the company on my own (1 time) and occasionally shoot portrait sessions or events for the company (for which I receive no credit anywhere). There are other principal shooters and second shooters-all of which have received credit for their work. Don't ask me why this is the case because I have no idea. <br>

-The non compete contract states that I can't own/operate a similar business for 2 years after my employment ends. I haven't left yet because of this in a way...photography work around here is hard to come by unless you are doing weddings, portraits and etc. I've got to make a living so I've kept my part time job here hoping I'd be given room to grow and I've just done odd jobs on the side (with permission).<br>

- I've received one raise in 4 years and I make a very low hourly wage. This is hard to swallow because I'm not receiving credit for any of the work I do and I can't use anything in a portfolio. The truth is I barely make enough money to get by. I've spoken to other photographers and according to what I have been told, my wages are way below what is considered standard, both hourly and for second shooting and principal shooting. I also receive no commission on print sales. <br>

-As far as rational thinking of the owner, well, it's not really looking that way. I'm hoping for the best but the past few months (and really the entire history of my employment) has been difficult to say the least.<br>

-I don't know if this needs to be said, but for the record: I have never done anything even remotely questionable to cause this employer to be so insecure about me their stealing business. Nothing has ever happened and in fact, I have brought this employer business on more than one occasion. I know that doesn't matter as far as contracts go- but I'm sure you all can understand my frustration. </p>

<p>I understand that there will inevitably be limitations placed on what I can do when I end my employment. My confusion is to how broad and all encompassing this contract appears to be. Two counties is a pretty big area to be protected when most of your business comes from a very small part of town and you are known and advertised as a high end wedding photography business. Could there potentially be room for me to do my thing for small budget weddings and portrait clients that I generate on my own? 2 years seems like such a long time. I'd never steal a client or mess with someone else's hard earned business (which I understand the desire to protect) but this just seems absurd. <br>

The other thing that scares me is that when I signed this, it was kind of misrepresented to me. I'm not saying this isn't my fault, but I thought it meant weddings, in this specific town. The studio has moved twice now and now I'm being told it's portraits, events, basically everything. Around here, photographers shoot a little bit of everything. If this is so broadly enforceable, then in their eyes I can't shoot dog pictures because they once photographed a dog. I can't afford to get sued but based on the insecurity this studio has exhibited about me photographing things for my own personal contacts, I feel it is a very legitimate fear. They have the money. And they are certainly worried about protecting their business to the point they won't give credit on a blog to someone who has been with them (through thick and thin) for four years. </p>

<p>I'm going to take your advice and seek legal counsel. Its pretty scary considering how little money I make but I know that's what needs to be done. But I do want to sit down and talk to my employer face to face and at least explain my side and see if there is a more reasonable agreement that would make us both happy, but the events of the past few months don't give me much hope. I'd hate to burn a bridge because I do genuinely care about their business but a gal's gotta eat, you know:)</p>

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<p>I wanted to see if anyone had any advice about how to deal with a non compete once you have already signed one. This particular non compete was signed in the state of Alabama. I will be the first to admit that I shouldn't have done it. Hindsight is 20/20 and I was a student desperately needing internship credit to graduate. But I'm here now and would greatly appreciate any advice on how to move forward because I have received mixed advice about the enforceability of these contracts in this state. I have also received mixed advice about how to approach this subject with my employer. <br>

When I signed the contract, it was for a high end wedding photography business. The majority of their business is weddings but they do portraits and events on occasion. I also am considered an independent contractor by my employer. I am paid a low hourly wage, receive no benefits and also receive no credit for my work. 4 years later, I am being told that portraits and events (as well as weddings) are out of the question for me (even though I've been given verbal permission to shoot weddings and portraits for friends on occasion). And for the record, all of the work I've done on the side is small potato stuff - for friends and family. I am only a part time employee. All of the potential clients who approach me are contacts I made whlle I was in school or through family and friends. None of my clients are from the area of town my employer conducts business and have no business with my employer. Though the business I work for is considered high end and works in a very specific part of town for a very specific type of clientele, I am told that I am pretty much chopped off at the knees as far as everything (in an area that encompasses two counties). <br>

I am recently graduated with student loans to repay, rent and a car note. I am not receiving credit for my work and feel very taken advantage of. I have learned no valuable trade secrets or secret formulas or etc. I realize that I ignorantly got myself into this situation but as I move forward, I would like to know how reasonable this contract is and if I have any leg to stand on. I don't want to compete with this business but I feel like the limitations placed on me are very unreasonable and make moving forward with any career for myself next to impossible. My next step is to move out of state or seek advice from a legal expert but I wanted to check in here and see if anyone has any insight into what I can and can't do. <br>

Thanks in advance for any advice! Please don't be to hard on me! I know I was a fool to sign it.</p>