Legal Question in Employment Law in Florida
Trade Secrets Non Compete
I managed a medical supply company for 3 years. The 2 owners husband and wife are in the middle of a messy divorce. For months I was in the middle of their battle each giving me different instructions on how they wanted the company run. Finally I was terminated by one of them. I have received offers from a few competitors. I am now receiving letters from his attorney threatening me that I would be breaking trade secret laws if I do work for any of them. He is afraid I will tell his customers that I have gone to another company. I never signed a non compete or a non disclosure with them, noting other then an application which had no employee agreements on it. I do have a customer following. One of the companies I have a chance to work with has more to offer customers and it will cost them less then they are paying now. Where do I stand with a situation like this? If I dont bad mouth my former employer, but just let customers know about the new company that I work for and leave the choice up to them, how is that bad? Arent people allowed to make their own choices?
2 Answers from Attorneys
Re: Trade Secrets Non Compete
You would need to show an attorney any non-compete or confidentiality agreement you signed. You also have other confidentiality obligations under Florida law. You should consult with local counsel or feel free to contact my office for a consultation.
Re: Trade Secrets Non Compete
Historically, restrictive covenants have been frowned upon as an unlawful restraint against trade. Florida law has carved out limited exceptions to this historical overview. Any restrictive covenant must be reduced to writing in order to be enforceable. Additionally, only certain legitimate business interests are worthy of protection by a restrictive covenant.
One such legitimate business interest is preventing the solicitation of current or specifically identified prospective customers. This is usually only protectible if it is the subject of a restrictive covenant reduced to writing.
I am guessing that the former employer does not have any such agreement, as the lawyer appears to be threatening a violation of the Uniform Trade Secrets Act. This is sometimes used as a back-handed attempt to prevent competition when there is no written agreement. Customer list can qualifiy as trade secrets under very limited circumstances. One of the most common way they are disqualified as trade secrets is if the customer contact information is readily available through public means (i.e. phone book, the internet, etc.).
Unfortunately for you, if the employer is hell-bent on causing you some misery, they will file, and you will be forced to defend this claim. You should contact a lawyer to at the very least respond to this letter you have been sent.
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