Non-Compete
According to my employer (Spa/Salon) I signed a non-compete, but never received a copy. In addition, my previouse employer has not required other employees who perform the same job I did to sign a non-compete. In addition, I was only a part-time employee and only worked an average of 24 hours a month (8 hrs. week). Is this non-compete enforcable
1 answer | asked Jan 27, 2005 1:43 PM [EST] | applies to Florida
Answers (1)
Non-compete may not be enforceable
There are different legal standards governing the enforceability of restrictive covenants (non-compete agreements) in Florida, depending upon the period of time in which they were executed. Since the legal standards are quite different, they create "traps for the unwary." American Residential Servs., Inc. v. Event Tech. Servs., Inc., 715 So. 2d 1048 (Fla. 3d DCA 1998).
Under the current statute, a party seeking to enforce a restrictive covenant is required to prove the existence of one or more “legitimate business interests.” §542.335 (1)(b), Fla. Stat.
This is typically a fact intensive inquiry and depends upon the particular circumstances of your employment.
Please be advised that neither I nor Kwall, Showers, Coleman, & Barack, P.A. has undertaken a review of the specific facts of your employment.
The opinions expressed in this message are simply statements of general principles and should not be relied upon when taking any action.
Ryan D. Barack
Board Certified Labor and Employment Lawyer
Kwall, Showers, Coleman & Barack, P.A.
133 North Fort Harrison Avenue
Clearwater, Florida 33755
(727) 441-4947
(813) 855-6098
(727) 447-3158 Fax
rbarack@ksc-pa.com
posted by Ryan Barack | Jan 28, 2005 08:39 AM [EST]
There are different legal standards governing the enforceability of restrictive covenants (non-compete agreements) in Florida, depending upon the period of time in which they were executed. Since the legal standards are quite different, they create "traps for the unwary." American Residential Servs., Inc. v. Event Tech. Servs., Inc., 715 So. 2d 1048 (Fla. 3d DCA 1998).
Under the current statute, a party seeking to enforce a restrictive covenant is required to prove the existence of one or more “legitimate business interests.” §542.335 (1)(b), Fla. Stat.
This is typically a fact intensive inquiry and depends upon the particular circumstances of your employment.
Please be advised that neither I nor Kwall, Showers, Coleman, & Barack, P.A. has undertaken a review of the specific facts of your employment.
The opinions expressed in this message are simply statements of general principles and should not be relied upon when taking any action.
Ryan D. Barack
Board Certified Labor and Employment Lawyer
Kwall, Showers, Coleman & Barack, P.A.
133 North Fort Harrison Avenue
Clearwater, Florida 33755
(727) 441-4947
(813) 855-6098
(727) 447-3158 Fax
rbarack@ksc-pa.com
posted by Ryan Barack | Jan 28, 2005 08:39 AM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers