Legal Question in Employment Law in Florida

Employment Agreement Validity

A person, I am interested in recruiting for the position of President of a start-up Customer Relationship Management Company, has an employment agreement, which is written under the laws of Ohio. His primary place of business is in Florida. His relationship with us, the start-up company, predates his relationship with the Customer Relationship Management company he now has the employment agreement with. I am told that his present employer, who is headquartered in Ohio, is very litigious and will sue and file injunctions even if they know they cannot win a case.

My questions are:

1. If my prospective employee works primarily in Florida do the labor laws of Florida govern the employment agreement, even if the employment contract says that Ohio law covers the agreement?

2. If it is determined that Florida law governs his agreement what effect does this have?

3. Does the fact that his relationship with us (the startup company) predates his employment agreement have any value?

4. Is there any way for an injunction to be stopped before taking effect if his contract is invalid for a Florida employee or post dates our relationship?


Asked on 5/11/03, 9:43 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Employment Agreement Validity

You have asked a number of complicated questions and my best "guestimates" are that it will be up to a judge's discretion to decide whether Florida or Ohio law governs but I would be on Florida. Second, the date of his/her employment agreement with the other company will not preclude an injunction if warranted. Third, if there is a basis for this other company to pursue injunctive relief, the only way to "stop" them would be to try to negotiate a deal with them. Please feel free to call me at (305) 810-2887 to discuss this in further detail.

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Answered on 5/12/03, 10:45 am


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