Legal Question in Employment Law in Florida

No-compete Boudary question

I have read many questions on this subject and all replies. I have now one question since I feel my no-compete clause steps over the limit. My co-compete states two years ( okay legit ) and regardless of geographical boundary ( I think this too harsh ). There are more than 5 other business in Florida like this one ( a HVAC related service supplier for corrosion protection). I have been in HVAC since 16 years of age and now am 40. I did comply once I received a letter from an attorney of theirs. I had gone to work for a competitor since I had no copy of my no-compete nor given one at resignation time. I had a serious lack of funds for a lawyer and 1 year has passed. I am now faced with some physical limiitations to do my present job, but could easily do the one I am (legally???) be held from employment. Can a related case going to trial also help me out if they rule similar no-competes void for them and it is the same one I signed???? Does the ''regardless of geographical Boundaries'' hold legal??? If not does it void the agreemnet and can I go back to work for the competitor??


Asked on 5/19/07, 5:24 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: No-compete Boudary question

I dont know what the geographic limitation in your non-compete is, but it seems like the entire provision may not be enforceable if there is no "legitimate business interest" to support it. Florida law requires that your employer have a "legitimate business interest" to prohibit you from going and doing competing work, so the mere fact that you signed the non-compete doesnt necessarily mean it is enforceable even if it is for 2 years or less and a "reasonable" geographic area. You should consult with an attorney for specific advise in your given situation.

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Answered on 5/19/07, 5:31 pm


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