Legal Question in Business Law in Florida

Non-Compete and Personal Relationships

I have recently left a company to begin my own different business (both are in computer service field but in different aspects) The former employer has demanded that I not contact anyone employed by his clients on a personal level and that I tell no one that I have left the company. I have established friendships with some customers and want to contact them. I am afraid that if one chooses to leave my former employer as he is a software VAR that I may be implicated even though I had nothing to do with it. Can an employer stipulate no personal contacts with customers in a non-compete?


Asked on 4/24/01, 9:13 pm

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Non-Compete and Personal Relationships

Without reviewing the non-compete agreement that you apparently signed, it is impossible to determine the scope of the restrictive covenants or provide you with any meaningful guidance specifically tailored to your situation. But, to answer your question, if the non-compete prohibits you from soliciting or having contact with clients of your former company for purposes associated with taking those clients away from your former employer, then you are generally legally bound by such a restriction. In certain cases, the restrictions may be so broad and unreasonable that they basically destroy your ability to earn a livelihood.

Since the signing of the Emanicpation Proclamation by Lincoln, indentured servitude has been abolished in these United States. As such, the scope of the restrictive covenants must be studied to determine whether the non-compete is legally enforceable and whether you have a viable claim to invalidate the agreement or certain of its provisions. I urge to seek the advice of counsel. Good luck.

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Answered on 6/15/01, 2:53 pm


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