Legal Question in Business Law in Florida
relase
I am self employed but the man who owns the shop had us sign a note stating that if we left his shop we could not work with-in 10 miles of either of his shops.Is that legal?
2 Answers from Attorneys
Re: relase
Hi:
I beleive what you are speaking about is a restrictive covenant. Depending on how it is structured will depend if it is legal.
Good Luck
Re: relase
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Probably not. Florida courts have generally held that any form of Covenant Not to Compete or Restrictive Covenant can not be too encompassing or overly restrictive. Further, the former "employer" would have to demonstrate how he/she would be harmed by your new employment.
If it can be shown that you have trade secrets, sales information, customer lists, etc., you may be prohibited from using that information in your new job but any agreement that totally prohibits you from working would probably not be enforceable.
Scott R. Jay, Esq.
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