Legal Question in Employment Law in Florida

Non-Compete

I took a position with a company as a salesperson. I signed a non-compete. I am a contractor for this company and not an employee. I pay my own taxes. The company I have contracted with has violated the terms of the agreement in my compensation. I want to leave and start my own company. Is this non-compete enforceable?


Asked on 8/08/06, 2:45 pm

2 Answers from Attorneys
Keith Stern Shavitz Law Group

Re: Non-Compete

If you were truly an employee in the eyes of the law (based upon a number of factors a court would look at), and if there is a legitimate business interest supporting the non-compete, it would be enforceable for a period of 2 years max and over a reasonable geographic area. You should consult an attorney before taking definitive action.

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Answered on 8/09/06, 12:08 pm
Richard Weldon Weldon & Rothman, PL

Re: Non-Compete

You need to have an attorney look over the specific terms of the contract you entered into with the company and discuss the specifics of the breach by the company.

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Answered on 8/08/06, 11:41 pm


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