Legal Question in Employment Law in Florida

Re: non compete clause

Assuming that the agreement itself is reasonable in terms of the geographic and time limitations it places on you, then the agreement is enforceable under the circumstances you described.

Your best bet, then, may be to try to negotiate something different before you leave. For example, you could inform the employer that you believe the agreement is unfair since you were forced to sign it and would like to reach a compromise. You could offer not to go after any current clients of the employer as long as you can otherwise compete freely in the marketplace. Be creative and try to come up wih a fair solution that addresses both the employer's and your concerns.

Of course, if you do this you are raising the red flag that you are leaving and will be competing. If the employer is hard-nosed, they can simpy stand by the original agreement and then sue you if you breach it.

Beyond that, I would need to know the specifics to give you better advice. If you feel the need to hire an attorney (perhaps you want an attorney to negotiate with the employer for you), please call for a complimentary consultation to discuss the matter.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.