Legal Question in Civil Litigation in Florida

Non-Compete

I work as a Private Investigator, signed a non-compete agreement.I was fired for refusing to share a motel room. Binding statements: ''I will not directly or indirectly engage in any business that competes with former employer'' ''I will not directly or indirectly solicit business from...license or provide the same or similar products...as are now provided to any customer of former employer''. There are no stipulations on termination. There are time limits. I was forced to sign this document. They found I did not have a non-compete agreement and threatened to terminate after 3.5 years. I had no choice. This seems to prevent me from working as a Private Investigator in any form. Is this enforceable in Florida because Florida is a ''Right to Work'' state. Have been told that since I was terminated, I am free to employ myself. I want to utilize the contacts I have developed over the years both with my former employer and with others. Since I was fired and the agreement was signed under duress, what are my limitations and or options? The former Busiess Manager with that company can testify to the forced signature.


Asked on 10/18/01, 9:58 am

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

Re: Non-Compete

The duress argument is not a terribly strong one under Florida law. I would need to read and non-compete agreement to determine whether it is enforceable or whether there are legal arguments available to carve out a caveat that would allow you to earn a living. Feel free to call my office at 305-445-0937.

Peter A. Gonzalez

Coral Gables, FL

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Answered on 12/04/01, 11:10 pm


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