Legal Question in Employment Law in Florida
Non-Compete still valid after layoff & more
As an at-will employee (salaried) is it legal for my employer to require me to work 60, 70, 80+ hours/week, insinuating that my job is at risk if I don't, even after telling them in writing that it is causing me emotional stress and grief at home?
Also, only a few months before being laid off, the company flew me to the HQ office for the apparent express purpose of signing a non-compete agreement, where the CEO would not let me leave until I signed it, hovering over me? I understand Florida is a ''right to work'' state, so is that non-compete still in force after being laid off?
Is it legal for them to have laid me off while there is a Workmans Compensation case pending?
2 Answers from Attorneys
Re: Non-Compete still valid after layoff & more
Yes, there is no maximum number of hours; an employer may require you to work as many as they deem fit. Second, the non-compete is enforceable to the extent that it is reasonable in geographic scope and time (2 years or less) and based upon what the law calls a legitimate business purpose. Finally, unless you were terminated BECAUSE you filed a valid claim for workers' compensation, then your employer is free-as they are at any other time-to terminate your employment while a WC case is pending. Wish I had better news to communicate . . .
Re: Non-Compete still valid after layoff & more
Mr. Stern is right on the basic law, but I think you have some arguments for refusing to comply with the non-compete. First, you may have been coerced into signing it, depending on the circumstances of your meeting with the CEO. Second, there may not have been legitimate consideration for the agreement. Usually, continued employment suffices as consideration. But here, you were laid off and the company possibly knew it was going to happen. Hence the urgency to get you to sign. So the consideration may not be valid since there was no real continued employment. Third, the employer may have acted in bad faith by trying to reach the agreement knowing a layoff was pending. Every contract has a duty of good faith built in. Also, the non-compete itself may have some faults, depending on how it is written.
I'm not saying any of these are absolute winners, but they may be legitimate arguments.
If you feel the need to ignore the agreement, you should review your options with an attorney to determine the best way to proceed. Feel free to call for a free consultation to discuss the case.
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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