Legal Question in Employment Law in Florida
non compete clause
I went to work for a company that did not require me to sign a non compete clause as a condition of employment.The company became prosperious through my effort. After two years my employer require me to sign a non compete clause that stated even if I was dismissed I could not compete for 5 years. It appears that the company is paving the way to dismiss me.The non compete clause is with the drywall company that I work for, however I am and have always been on the payrol of a leasing company.
2 Answers from Attorneys
Re: non compete clause
At most, the non-compete can only restrict you for a period of 2 years and your employer must have a legitimate business interest to protect for any agreement to be enforceable. Because each agreement varies, please feel free to contact me at (305) 755-9441 for more specific assistance.
Re: non compete clause
You didn't ask a question, so I am not sure what the issue is at this point. Please re-post and let us know exactly what the problem is now.
In general, the 5 years might be considered excessive by a court, depending on the other facts of the case. But the fact that you are employed by the leasing company does not necessarily invalidate the contract, although there are arguments that can be made.
If you fear discharge, perhaps you should try to negotiate with your employer, including rescinding the non-compete.
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.)
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.
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