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?


Asked on 3/29/07, 7:38 pm

2 Answers from Attorneys

Johm Smith tom's

Re: Service Industry

That would be a non-compete and yes it is binding if properly written and executed.

Read more
Answered on 3/29/07, 8:22 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Service Industry

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

Read more
Answered on 3/29/07, 10:36 pm


Related Questions & Answers

More Business Law questions and answers in Florida