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 Does the new contract have to be executed in order for the older contract to be superseded?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?
1 Answer from Attorneys
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.
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