Legal Question in Employment Law in Florida
Non-Cpmpete
I signed a strict one year non-compete agreement with my current employer. I'd like to leave and go work for a competitor. To work for a competitor would certainly be a violation. But if the new company hires me as a 1099, does it allow me to get around the non-compete agreement?
2 Answers from Attorneys
Re: Non-Cpmpete
You need to have an attorney review the non-compete as to whether its is enforceable although being an 1099 would probably not help. I handle quite a bit of non-compete review and litigation. Feel free to call my office if you wish to have the documents reviewed.
Re: Non-Cpmpete
It makes no difference if you are an employee or an independent contractor to the new employer. However, Florida Statutes only allow for these restrictive covenants to be enforced under limited circumstances. Preventing competition per se is severely frowned upon. If you have not been provided extraordinary training and if other protectible interests are not present, You may be able to work for a competitor. You should have a qualified attorney review this contract and speak to you specifically about your plan. We can arrange telephone consultations for this purpose (there is a consultation fee for this service).
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