Legal Question in Employment Law in Florida
Non-Compete Agreement
My wife's current employer in Florida has asked her to sign a Non-Compete Agreement, which states that she cannot work for any competing organization or organizations that have a business connection to her employer for one year following a decision to leave her employment. I have two questions: (1) Is a Non-Compete Agreement legal in Florida? (2) Is it legal for an organization to draft a Non-Compete Agreement for signature after an employee has alreay signed an employment contract? Thank you.
2 Answers from Attorneys
Re: Non-Compete Agreement
The answer to both questions is yes. She can chose not to sign. The parties will be bound by the agreement.
Re: Non-Compete Agreement
Under Florida law, Non-Competition Agreements are legal as long as they are reasonable in scope and duration. A year 1 non-compete is presumptively reasonable, so depending on the geographic scope of the Agreement your wife signed, the Agreement is enforceable. Moreover, even if the Agreement contemplates a geographic scope that is too broad--ie the whole country, a Court will not invalidate the entire Agreement but will rather limit its scope.
Secondly, there is nothing in the law that prohibits an employer from requiring an employee to sign a non-compete after signing an employment contract. However, if the employer breaches the terms of the contract in the process, then your wife might have legal remedies at her disposal. Please feel free to call me at (305) 810-2887 for further assistance.
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