Employment Lawyers Can Answer Your Employment Law Questions
Hello and thank you for your question today
Are you online with me?
Welcome to the chat
Generally, an employer may prohibit a former employee from competing within a particular geographic radius. The radius, however, should not be overly broad. For example, if the employer provides a particular product or service that is commonly available, a court would likely find a restriction that covers the entire state in which someone resides unreasonable. So, what exactly does the non-compete prohibit? And what is the geographic location of the non-compete and the time it prohibits?
Unfortunately, the time limits that are applicable to you would be based on your employment there, and not the customers.
Generally, Florida courts presume a restriction of 6 months or less reasonable. Restrictions of more than 2 years are presumed unreasonable.
Additionally, the type of work that you do makes a big difference on whether or not this agreement is enforceable. While non-competition agreements are generally enforceable in Florida, some professionals are exempt from certain types of restrictions for various public policy reasons.
This would apply to you if you were a doctor, a lawyer, or another type of professional that could offer a very unique service that only you could provide.
Because you did not solicit this client, you would be okay in providing service to them.
So, without further information, you have a couple of main issues here. First, if it just a non-competition agreement, you need to look at the exact language of the agreement. It may just prohibit you from working for a competitor
However, if it is a restrictive covenant that relates to the protection of a company's proprietary and or confidential information, such as trade secrets or client lists then you could end up in real trouble. Because this person used to be a customer.... I apologize
Would you like me to continue with the conversation with you, or would you like me to opt out for another expert?
Please click reply to expert to tell me how you would like to proceed
I will go ahead and opt out so that another expert may better assist you.
Have a wonderful rest of your day.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).