Legal Question in Business Law in Florida

Employment contract substitution vs. amended

I signed a non-complete employment agreement several years ago. I was presented with a NEW employment agreement(did NOT state ''amendment to Employment Agreement''). The new contract indicates that it supersedes all previous agreements. I decided not to sign the new agreement. Is the old agreement still in force and enforceable in a court of law? Does the new contract have to be executed in order for the older contract to be superseded? I interpret the new contract as a completion or performance of the previous contract and thus a new offer is available to me which I can accept, refuse or mutually agree to alter. Am I correct?


Asked on 7/25/02, 1:48 pm

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Employment contract substitution vs. amended

Generally, non-compete agreements have a provision that states that the employee cannot compete against employer for a period of time starting from the date the employee-employer relationship is terminated. If you do not sign the new agreement, then it appears the first one will continue to be effective and enforceable. If you sign the second agreement, then according to the information you provided, it will supercede the previous agreement (at least to the extent there are any conflicting provisions between both agreements). Your interpretation of the new contract as a completion or performance of the previous contract appears to be self-serving and legally flawed. But again, without reviewing the agreement, I cannot give you any specific feedback. If you would like to discuss this matter further, please call or write my office.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication.

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Answered on 7/25/02, 3:36 pm


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