Legal Question in Employment Law in Florida
non compete agreement
Below is my non-compete agreement. I quote the most related portion.
Question#1: Looks to me that the time (3 years) and scope (1000 miles from the company AND customer!) are too broad to be a valid agreement.
Question#2: can they change the agreement? The owner said he can not make any changes even he wants to because it will make the agreement invalid to all people who signed on.
--- quote---
Employee agrees that Employee shall not for a period of three (3) years following the termination of Employee's employment with the Employer either directly or indirectly, for himself or herself on behalf of or in conjunction with any other person, persons, partnership, corporation or other entity, own, maintain, operate, engage in, be employed by, participate or have any interest in the operation of a Competing Business as that term is defined herein...... including, but not limited to, the Employer's business within 1,000 miles of the Employer's operation or the operation of a customer of the Employer with whom the Employer has done business in the past two years.
--- end quote ---
1 Answer from Attorneys
Re: non compete agreement
The law is very fact specific, but even an agreement that may be written as overbroad (anything over 2 years in Florida would be overbroad) would be revised by a Court provided that there is a legitimate business interest supporting the restrictive covenant. Please contact an attorney immediately to obtain specific advice and counsel.
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