Legal Question in Employment Law in Florida
Non-compete agreements
I live in Florida and I signed a non-compete or non-solicit agreement when hired from the Illinois office to work in Florida. I was discharged in June 2004. Since June 2004 I did take a similar type position with a local company November 2004 and was released February 2005. My old company is threatning civil action. I have sent a copy of my termination letter to the old company's attorney as stated in the injunction, but failed to file it with the clerk of courts in the proper time. I have since filed the termination letter with the clerk only two weeks after the deadline. Could I be prosecuted for violation of Florida's Trade Secrets Law. I have ceased and desist from any further activity, but should I? My old company is also accusing me of harassment. Basically, is there a case or am I being threatened and harassed?
2 Answers from Attorneys
Re: Non-compete agreements
You seem to have essentially admitted that you violated the non-compete and your former ER probably wants an injunction and, at a minimum, their attorneys' fees . . . Please consult with an attorney immediately.
Re: Non-compete agreements
It sounds like you have multiple questions: Are you in violation of an injunction for filing something late with the court; are you in violation of the Trade Secret Act; did you actually violate the non-compete; how do you comply with the non-compete if you indeed have to; and are you potentially liable for harassment?
Unfortunately, much more information is needed to advise you. If you have indeed stopped doing whatever is prohibited by the non-compete, that should protect you for the most part. But it is unclear from your message what is actually happening. Most importantly, an attorney needs to see the non-compete, the injunction (if any), and all correspondence between you and the court and the two employers.
Such a review is beyond the free service of Law Guru, but if you want to hire an attorney for an opinion, and to negotiate with one or both employers if need be, please feel free to call. I try to provide necessary services for reasonable, flat fees.
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.)
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.
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