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Richard, Attorney
Category: Business Law
Satisfied Customers: 53664
Experience:  32 years of experience practicing law and a businessman.
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Hello. My company operates using a signed no solicitation contract

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Hello. My company operates using a signed no solicitation contract by operators. I have a situation were a contract operator of my company serving a site has accepted a position at the site; thereby the site dropping my company as the provider of services. The owner of the site is not aware of the arrangement. How strong is a signed operator/contract. What kind of legal course is out there, civil action ? My company is located in Florida. At the present time the contractor is thinking the company is not onto of the double deal.
Allen Gallina [email protected]
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Can you tell me the scope of your contract in terms of geographic area and time period? Thanks.
Customer: replied 3 years ago.





#3 CONFIDENTIALITY Will not at anytime/manner divulge information.


Geographical area pertains the entire State of Florida for TWO years.


Thanks so much for your reply. Your agreement is likely to be held to be enforceable although under Florida law you are on the upper boundary of time limits deemed to be reasonable. One, the agreement must be reasonably necessary to protect a legitimate business interest. You should have no issue proving this because this is dealing with an existing customer relationship . Two, the terms of a non-compete/non-solicitation agreement must be reasonable in time, geographic scope, and line of business...which are questions of fact for a court to decide. Your facts should be held reasonable across the board although you are just under the limit of what is considered reasonable for duration. With regard to whether your time period is reasonable, Florida Code Section 542.335 sets outside parameters for reasonableness. Under that statute, a non-compete/non-solicitation agreement with a former independent contractor is presumed reasonable if six months or less in duration, and unreasonable if more than two years in duration.

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