Legal Question in Employment Law in Florida

Re: Non-Compete Agreement

Yes. The non-comptete is valid for up to 2 years from termination covering a reasonable geographic scope. The agreement must protect a legitimate business interest, however, to be enforceable to begin with.

Re: Non-Compete Agreement

If the non-compete is valid to begin with, that is, if it is reasonable both in time and geographic scope, and there is no fraud or illegality attached to the discharge, then it is probably still valid. In other words, a discharge does not invalidate the non-compete by itself. But there may be other reasons why the non-compete is invalid.

Also, the 2 year time limit mentioned by the other attorney is a presumption, not a rule. That is, Florida courts presume that non-competes of 2 years or less are vaild. But you can still prove differently depending on the facts of the case.

If you need to hire an attorney to review the non-compete and advise you, please feel free to contact me for a complimentary consultation.

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.