Legal Question in Business Law in Florida

My question is:

I violated a contract from my employer by opening up a same busines in a different county, Landscape business. The non compete says under miscellaneous, "the terms of this agreement shall be interpreted in accordance with the laws of the state of North Carolina." How does that work when I work for them in Florida, the branch office is in Florida, and it was violated in Florida. please explain. What is the most they can do to me for opening up a same business but using my own personal equipment that I purchased?

Regards,

J-


Asked on 10/09/09, 6:28 pm

3 Answers from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

They can do everything that the contract allows. Typically disgorgement (return of any profits) or some other damage model. It will be interpreted under North Carolina law so the damages may be different. There may also be defenses available under North Carolina law that are not available under Florida law. It doesn't matter where you work. Most credit card agreements are governed by Delaware law or South Dakota because the laws there are more lenient interest rate and tax laws.

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Answered on 10/09/09, 6:36 pm
David Slater David P. Slater, Esq.

Without reading the agreement no one can answer properly.

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Answered on 10/09/09, 6:36 pm
Lesly Longa Longa Law P.A.

It is legal for the agreement to state that it will be interpreted under NC law. You could be sued for damages for a violation of the contract. I would have to review it to provide you more information. Regards,

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Answered on 10/09/09, 7:00 pm


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