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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
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Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I was recently downsized from my company and one of the customers

Customer Question

I was recently downsized from my company and one of the customers contacted me to do work... I signed a non-compete but the customer does not have a signed agreement or is a current customer they were a customer over two years ago... I can attach the non compete verbiage if needed...
Submitted: 1 year ago.
Category: Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

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?

Employment-LawExpert :

Unfortunately, the time limits that are applicable to you would be based on your employment there, and not the customers.

Employment-LawExpert :

Generally, Florida courts presume a restriction of 6 months or less reasonable. Restrictions of more than 2 years are presumed unreasonable.

Employment-LawExpert :

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.

Employment-LawExpert :

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.

Employment-LawExpert :

Because you did not solicit this client, you would be okay in providing service to them.

Employment-LawExpert :

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

Employment-LawExpert :

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

Employment-LawExpert :

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Employment-LawExpert :

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Employment-LawExpert :

I will go ahead and opt out so that another expert may better assist you.

Employment-LawExpert :

Have a wonderful rest of your day.

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Has received a certificate of recognition from the California State Senate for his outstanding legal service.