Legal Question in Employment Law in Florida

non compete/ when is when?

Ok.. here is my non compete

With the exception of the services and duties that employee performs for the company or on the company's behalf pursuant to this agreement, Employee agrees taht during the employment period and for a period of six months after the termination of this agreement, Employee shall not directly or indirectly own,manage, join, operate, control, contract with, be employed by, act in the capacity as officer, director, trustee, shareholder, or partner, or participate in or be connected to in any manner

with the ownership, management, operation, or control of any entity which directly or indirectly arranges, manages and/or ''does their type of business'' within the territory or which otherwise competes with the company within the territory.

So, at what point am I any of the above, if I am building out a facility and ''planning to compete'', I am not competing. But at what point am I an owner/manager, or any of the things I am not supposed to be for six months.

Technically the facility becomes their type of business, when? Am I an owner, etc, of there type of business during build out or just an owner of a corporation that is building out a location. Obviuosly, I do not want to open a business and be sued.


Asked on 10/13/06, 3:49 pm

1 Answer from Attorneys

Keith Stern Shavitz Law Group

Re: non compete/ when is when?

Tough call . . . Unfortunately, this is a judgment call and arguably could be viewed either way. If you move forward with the build out, just be aware of the potential for a headache, so try and keep it as quiet as possible if you decide to move forward within the 6 month period. Additionally, remember that a lawyer cannot give you a formal opinion on whether the non-compete is even enforceable to begin with until all of the facts are known, so make sure you meet with someone to obtain proper direction.

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Answered on 10/14/06, 12:32 pm


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