Legal Question in Business Law in Florida
Non-Compete Clause
For the past two years I worked as a Office Manage of a medical massage therapy practice. My employer required the therapist to sign a non compete clause. I did not sign the non-compete contract. In the last year the accounting manager and I were under negotiations to buy the business. Without my knowledge the accounting manager negotiated me out of the contract and I was laid off. Since that time I have opened my own medical massage therapy business.
1. If clients from my former employer call requesting an appointment does my former employer have any legal recourse against me, if the client comes to my establishment to receive massage therapy?
2. What if I schedule the client with a therapist that formally worked for my previous employer who signed the non compete, does my former employer have any legal recourse against me or my employee?
3. I personally believe the patient has the right to choose the therapist regardless of the therapist employer. Does the patient have the right to choose the therapist even if the therapist signed the non compete and switched employers?
1 Answer from Attorneys
Re: Non-Compete Clause
1. No
2. Yes
3. Yes
The answers may vary depending upon the wording of the non compete.
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