Legal Question in Civil Litigation in Florida
Restrictive Covenant
On 4/15/08 I went to work for a company selling networking equipment.. I was doing the same thing but self employed prior to going there. They had me sign a restrictive covenant. On 2/15/09 I was terminated.. On that day the VP of the company fearing that I would try to collect commission earned that month had me sign a Mutual General Release and gave me a check for $2000... The release reads among many other things that it releases all , and forever discharges one and other any action, suits, covenants, contracts.... etc....or any claim by either party for any reason whatsoever, for any matter of any nature from the beginning of time. I guess i surprised them when I went back into business for myself in competition with them. The have since sent me a cease and desist letter from a lawyer.
This is in Florida
2 Answers from Attorneys
Re: Restrictive Covenant
While you did not expressly say it, it appears you believe the release relieved you from the covenant not to cpmpete. Without a detailed review of both documents and some legal research to see if there are any similar cases, it is impossible to come to any legal conclusion, but it is certainly a serious argument against enforcement of the covenant. Generally speaking, if an ambiguity exists in a document, it is interpreted against the person drafting the document, so you would have that additional argument against your former employer. Of course, any discussions at the time of the release may be important as well, although the parol evidence rule might exclude them from being received in evidence at trial. If you would like to meet and discuss this further, please call to set an appointment.
Re: Restrictive Covenant
Deoending on what the document says, you may be fine, but it would really depend on the wording of the release document and what was originally executed.
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