Legal Question in Business Law in Florida
Service Industry
what is the agreement whereas the hired individual agrees not to operate the same or similar business within (?) number of years and (?) number of miles? Is this a legal and binding agreement in my state?
2 Answers from Attorneys
Re: Service Industry
That would be a non-compete and yes it is binding if properly written and executed.
Re: Service Industry
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The instrument is commonly called a Non Compete Agreement. Although often included as part of a sale/purchase of a business transaction, they are not always upheld if challanged by a court.
Different courts have come up with different opinions. Generally, they cannot be overbroad nor can they be for too large of a geographical area. The courts will generally find that you cannot unnecessarily stop a person from earning a living.
Scott R. Jay, Esq.
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