Legal Question in Employment Law in Florida

Right to work and Non compete

I signed a non compete which states that I can not be employed in any form of the business for 18month which could interfere with my employers ability to generate income, because of practices or secrets I may come in contact with directly or indirectly. When I signed on I was told what my job was going to be and was promised I would be given a whole division to basically sell for. This on a handshake,the owner says that's how he has done business for over 40 years.I moved my family down to Florida and started work,I found that the company was both unprepared for my arrival(although they rushed me to get here)and that I was not given a base of clients I was promised and was expected to start from 0 and build. This was not what I was told and if they were clear I would not have agreed to the extremely low base salary that I work 50 hours to get(no overtime)I expressed my concerns and was told that they were sorry for the misunderstanding and if I give them a little time it will all start to work out. Well I have been there for 5 weeks and I see nothing but obstacles, so I quit. If this is the only business I know, can I look for work in the same business? Doesn't right to work allow me to do what I do? I never made a sale there.


Asked on 7/20/04, 9:57 pm

1 Answer from Attorneys
Jeffrey Sheldon

Re: Right to work and Non compete

"Right to work" simply means that you can not be forced to join a union. It has nothing to do with the non-compete. You need to argue that the employer breached the employment agreement and thus the non-compete is void as well. You might try discussing it with the employer and offering to "forget the whole thing", i.e., not sue them for your losses from moving, having to find a new job, etc, in return for them dropping the non-compete. If you reach an agreement, put it in writing and get it signed. If not, consider contacting a labor and employment attorney for an opinion on whether the non-compete is valid and what to do if it is.

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.)

[email protected]

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.

Read more
Answered on 7/20/04, 10:18 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Florida