Legal Question in Employment Law in Florida
Noncompete clause.
While doing transcription for another transcriptionist, she had me sign a paper stating that I could not solicit any doctors she has for a period of one year if I were to ever stop doing work for her. The paper is not notarized. She recently told me that she did not need my services any longer. The doctors she has were solicited by her from other transcriptionists she had done work for and she disregarded a similar paper she signed with them. Is the paper I signed legal or may I solicit these doctors now? It seems to me that she is trying to prevent me from offering my services to these doctors at I believe a better price.
Thank you,
--name removed--
2 Answers from Attorneys
Re: Noncompete clause.
That is exactly what she is trying to do and yes, it is legal and binding. An employer is allowed to protect her business from present or former employees, as long as the terms are reasonable in time and geography. One year is considered reasonable, as is the scope of the restriction - it only applies to the employer's current clients.
It is irrelevant that the writing is not notarized. It is a binding agreement for which you received value in return - the job. You should abide by it.
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.
Re: Noncompete clause.
Unfortunately, the document you signed is likely enforceable for a period of up to two (2) years covering a reasonable geographic area. My guess is that you would not have access to the doctors with whom you'd like to now do transcription but for your work for this other person, and as a result, among other reasons, there is probably a "legitimate business interest" upon which the document you signed would be enforced. Be wary of that which you sign, in Florida, it doesn't take much to constitute a valid restraint of trade.
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