Legal Question in Employment Law in Florida
non-compete clause
I was fired recently from a job I was with for 10 yrs. Approximately 2 yrs ago, a new CEO joined and forced all employees to sign a non-compete clause or we would be fired, (the clause was for 12 months).
I have an opportunity to work in the same line of work, either with another company, or possibly starting my own business. Can I do this since I was fired, and it is the only work I do? How can they keep me from working in the field I was trained to earn a living and to support my family?
thank you.
1 Answer from Attorneys
Re: non-compete clause
Non-competes are legal if they are reasonable as to time and geography. For example, the non-compete might say you may not do certain things within 50 miles of the former company for two years. If it prohibits your working entirely, you might be able to argue that the contract is unconscionable, but it depends on the exact terms and the current circumstances (how much work is available, the health of your industry, etc.).
You might consider hiring an attorney to review the contract, give you an opinion and advice, and possibly negotiate with the former company to let you out of the contract given that they discharged you. (Feel free to email me if you need an attorney.)
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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