Legal Question in Employment Law in Florida

breaking an employee/employer non compete

can I break my non compete clause if my company changes how they pay me (to my detriment)and reduce my benifits for no reason. I am the #1 sales person


Asked on 3/01/07, 11:58 pm

2 Answers from Attorneys

Scott Behren Behren Law Firm

Re: breaking an employee/employer non compete

Possibly you could claim a prior material breach of their contract with you if they ever seek to enforce the non-compete agreement.

Scott Behren

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Answered on 3/16/07, 12:17 pm

Re: breaking an employee/employer non compete

It is possible that you can avoid the contract on the theory that the employer breached the contract rendering it void. That would be determined based on the facts of your individual case, including the language of the contract itself.

You might consider negotiating with the employer to void the contract by agreeing that you will not sue them for breach if they agree that the contract is void.

If you need to hire an attorney to give you a written opinion on whether you can avoid the contract, or to negotiate for you, please feel free to email directly to me.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor is the author responsible or liable for any actions by the parties involved in the matter.

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Answered on 3/18/07, 11:05 pm


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