Legal Question in Employment Law in Florida
non compete
My husband signed a no compete
clause in a small ad agency. He was
promised partnership and other
benefits that have not happened.
Can he live and go on his own, or is
he limited going to another agency?
1 Answer from Attorneys
Re: non compete
It's possible that he can claim that the company has breached their agreement to give him a partnership so the non-compete is void, but that is not a black and white matter.
Otherwise, I would have to see the non-compete to render an opinion. That is really more time-consuming and complicated than can be done for free through a forum such as lawguru.
One option is for your husband to simply negotiate with the company and, diplomatically, tell them that he is leaving due to the lack of partnership but he will not pursue any legal action if they waive the non-compete. (Of course, he should only do that when he is ready to walk out the door as they may discharge him once he brings this up.) If they do waive, he needs to get it in writing.
If he wants to hire an attorney to help, tell him to feel free to contact me directly.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon
The Sheldon Law Firm
CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor is the author responsible or liable for any actions by the parties involved in the matter.