Legal Question in Business Law in Florida

Binding Agreement

Can you explain when a non competetion clause is enforcable . If I entered into a contract employement that has a non competition, is this enforcable ? If so for how long ? The negotiation phase of this agreement had several verbal statements that

have not been true.

Basically I feel as though they mis represented the position to lure me into the agreement. I have 2 other employees that have similiar experiences with the same firm. I want out of the contract. Can you help ?


Asked on 5/01/01, 8:37 pm

1 Answer from Attorneys
Stephen Verbit Stephen R. Verbit, P.A.

Re: Binding Agreement

In Florida, non-compete clauses are generally enforceable as long as they are reasonable as to duration and geographic scope. For example, such a clause would not be reasonable if it purported to prohibit you from competing for the rest of your life. Also, it would not be reasonable if it purported to prohibit you from competing in locations other than where the company actually does business. The length of time a non-compete clause is enforceable should be set forth in the contract. If no duration is specified, it may be unenforceable on its face. Even assuming a non-compete clause is otherwise valid, it may nevertheless not be enforceable if the employer breached the agreement before you took the actions that allegedly violate the non-compete provisions. You should consult with an attorney with some expertise in this area to review the written agreement in order to give you specific advice on your particular situation.

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Answered on 6/19/01, 1:55 pm


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