Legal Question in Employment Law in Florida

Non-compete contract

I was terminated for a reason I feel was unfounded ( a few weeks earlier the owner had told me I would be with them a very long time) as an Executive Recruiter heading up a new division for their staffing company.

I have a non-compete that says I can't enter into a similar business as that of the company's ''as an individual within any county in which Company does business, while employed or for a period of 2 years from date of termination for any reason.''

Now- I can CONDUCT my own recruiting business with clients OUTSIDE of these counties where the Company has it's offices. But since I live in one of the counties the phone calls would be made from FROM this county where there is an office. I don't want to have to look over my shoulder all the time, so I want to know my legal rights- Especially since I was fired. Can you help me with some information?

Thank you.


Asked on 2/20/07, 4:13 pm

1 Answer from Attorneys
Jeffrey Sheldon

Re: Non-compete contract

Unfortunately, this question is beyond free legal advice, at least IMHO. You need an attorney to review the contract and any other pertinent material, such as a handbook if there is one. If you want to hire an attorney to give you a written opinion on your rights, please feel free to email directly to me.

In general, non-competes are valid and must be followed if they are reasonable in time and geography. Two years is considered reasonable in Florida, but I'm not sure from your post exactly what the geographic restriction is. It also usually does not matter that you were fired, unless there really is something wrongful about the discharge. That could affect the contract.

Making calls from the home could possibly be considered working in the county where you live, but other factors could come into play there too, such as whether all the clients are outside the restricted counties and what the intent of the contract was (possibly just to keep you from taking clients in the counties where the employer does business).

As you can see, it can get complicated and legal research would likely be necessary to see if there are any similar cases and how they have been handled by the courts.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor it the author responsible or liable for any actions by the parites involved in the matter.

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Answered on 2/22/07, 11:43 pm


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