Legal Question in Employment Law in Florida
Non-compete Agreement
I signed a Non-compete Agreement in December with the understanding I would be working close to 40 hours per week. I have not been paid for hours I worked. The most hours I was given was 8 hours per week. I was just laid off. Can my Non-compete Agreement be enforced since I was not even given part time work and was then laid off?
3 Answers from Attorneys
Re: Non-compete Agreement
You need to have the entire agreement reviewed by an attorney. Without seeing exactly what you signed, any opinion I have would only be a guess. I am also concerned you were not paid for hours you worked. That is another issue you need to seek legal advice about.
Re: Non-compete Agreement
Without review of your agreement, it is difficult to give a reliable answer. Considering the company may have breached the agreement, you may have a right to compete against them after being layed off. However, it is clear that you need to discuss with an attorney the hours you worked and for which you were not paid. This is a seperate issue.
Good luck.
Re: Non-compete Agreement
Your Non-Compete is most likely still enforceable but you do have the right to be paid for any hours worked.