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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
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