Is this non-competition contract legal?

I have worked for this company for less than a month. I have provided all my own supplies and knowledge. the owner is making me loose money by restricting what I can do but did not do so before the contract was signed. Also did not provide me with a copy of the contract. She would not provide me with a proof of employment for insurance reasons until I signed. I have been in this business for over 16 years, owner only 1 year, and have not received any training here. I have verifiable proof of my skilled training over a decade ago. I am trying to work in another county and city but am being threatened with a law suit. I am not taking any clients or secrets. It is my only way to support my family.

2 answers  |  asked Nov 3, 2011 12:56 PM [EST]  |  applies to Florida

Answers (2)

Arthur Schofield
Ms. Towzey's response to your question is right on point.

posted by Arthur Schofield  |  Nov 3, 2011 1:59 PM [EST]
Phyllis Towzey
I am assuming from what you have stated that you did sign a noncompete agreement. It is impossible to determine what your rights are without reviewing the actual agreement itself. If you are being threatened with a lawsuit for alleged violations of this agreement, you need to contact an employment law attorney immediately. Your lawyer can then contact the employer (or the employer's lawyer if one has already sent a letter to you) and demand a copy of the agreement they are trying to enforce.

In general, noncompete agreements ARE enforceable under Florida law, but there are certain limits. Get some legal advice now - do not wait until you have been sued and a temporary injunction entered against you.

posted by Phyllis Towzey  |  Nov 3, 2011 1:04 PM [EST]

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