I signed a non compete contract what to do now?
I'm a groomer been grooming for years. I started at a store in town for grooming I signed a non compete contract and now I want to quit and start my own business. The contract said I can't groom within 10 mile radius my town is 15 miles around and next town is 10 miles there really is now where for me to go if I quit
1 answer | asked Jun 13, 2011 07:01 AM [EST] | applies to Florida
Answers (1)
Non-competes("NC") in Florida may be enforceable in parts or in their entirety. However, there are several factors to consider when. Courts should construe NC in favor of providing reasonable protection to the business attempting to protect their interests by enforcing the NC and keeping you from competing against them or stealing their trade secrets or customers unfairly.
NC will be evaluated in terms of Time, Scope, and Distance(surrounding area).
Employers cannot classify just anything as a trade secret, it must meet certain criteria. Examples of trade secrets include confidential information, including a formula, pattern, compilation, program, device, method, technique, or process that:
a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy
I recommend having a Florida Non-Compete Lawyer review your agreement to determine whether your NC will be Enforceable in Florida. Always have a NC attorney review your NC before signing it or taking actions that might be interpreted as violating the agreement to avoid the costs and expenses of defending claims.
Alfred M. Roush, PA
Employment Attorney Alfred Roush
607 W. Bay St.
Tampa, FL 33607
Office- 813-251-0107
Fax- 813-200-5999
posted by Alfred Roush | Jun 28, 2011 06:49 AM [EST]
NC will be evaluated in terms of Time, Scope, and Distance(surrounding area).
Employers cannot classify just anything as a trade secret, it must meet certain criteria. Examples of trade secrets include confidential information, including a formula, pattern, compilation, program, device, method, technique, or process that:
a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy
I recommend having a Florida Non-Compete Lawyer review your agreement to determine whether your NC will be Enforceable in Florida. Always have a NC attorney review your NC before signing it or taking actions that might be interpreted as violating the agreement to avoid the costs and expenses of defending claims.
Alfred M. Roush, PA
Employment Attorney Alfred Roush
607 W. Bay St.
Tampa, FL 33607
Office- 813-251-0107
Fax- 813-200-5999
posted by Alfred Roush | Jun 28, 2011 06:49 AM [EST]
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