Legal Question in Employment Law in Florida

non compete contract

I have recently been terminated from my job as project manager of a florida based roofing contractor. Less than 1 week from being terminated me and everyone else was asked to sign a non compete contract. Now in the letter that i didnt read before it says i cannot own, operate manage consult, control, participate in the managment or be employed by maintain or continue any interest whatsoever in any enterprise/company located within 40 mile radius for 2 yeasr unless written consent from the company. Ok, I have been roofing for 16 years i have no intention on starting my own company, I just want to go to work as a roofer/shingler again, as it is all that i have known and is my only means of income. What can i do? Can this keep me from being employed from another company in this city. I think it was wrong having me sign it then fireing me. anyway, Is this contract binding? Oh and he has held $500.00 of my last check for unknown reasons.


Asked on 4/25/07, 2:12 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: non compete contract

In for a non-compete agreement in FL to be enforceable, it must be supported by what the law calls a "legitimate busines interest." As a "Project Manager," its possible that you might have had access to confidential or proprietary information which your former employer might desire to protect, but it would require a fact-intensive inquiry to determine if the restrictive covenant ultimately is enforceable. As a result, you should contact an attorney directly for advice in your particular situation and to discuss the unpaid wages as well.

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Answered on 4/25/07, 8:02 pm


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