Can I be kept from gaining employment with a new company because of a no solicitation agreement if I

I work in a retirement community as a physical therapist where the therapy is run by a contracted company. The community has decided to switch contracts to another company and the new company wants to keep on the employees, but the old company says their is a non solicitation agreement. However as individuals we never signed anything at all. What are my rights in this case. Also current employer has told us we can no longer use our already approved time off, is this allowed?

1 answer  |  asked Apr 5, 2019 06:40 AM [EST]  |  applies to Florida

Answers (1)

Archibald Thomas
You are not bound by a non-solicitation agreement if you did not sign it. Florida law requires that restrictive covenants be in writing and signed by the employee in order to legally be enforceable. However, it is possible that there is a written agreement between the retirement community and your former employer that may purport to preclude your employment. If so, the question of whether that agreement is legally enforceable can depend on the precise language of the agreement.

posted by Archibald Thomas  |  Apr 5, 2019 07:06 AM [EST]

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