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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19768
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I signed a non compete agreement with the property management

Customer Question

I signed a non compete agreement with the property management company that hired me. I'm not happy in my actual job. A similar property management company offered me a similar position. I have been less that 8 months on the job. What can I do, or expect??
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information, just for clarification are you actually employed in California as I see this is listed under California Employment Law?
Customer: replied 1 year ago.

No, m in Miami Florida.

Expert:  Marsha411JD replied 1 year ago.
Thank you for your reply and I apologize for not getting back to you sooner but I was away from my office. I will be in and out today, but if you need to clarify by answer, I will get back to you always as soon as I can.

In any event, not sure how this got identified as California. Too bad it wasn't, since California laws make non-compete agreements unlawful. Not so for Florida. That said, no courts really like non-competes but they will enforce them if they are written in a manner that the court believes is reasonable in light of the circumstances. That means no one but a court can make that decision. An attorney with all of the facts from both sides can usually hazard a good guess what a particular court might decide, but never with certainty. Ultimately, unless the parties can agree on a negotiated compromise, the issue would be settled in the court.This would happen either by the employee's attorney filing a petition to have the non-compete declared unenforceable or by the employer filing an injunction and suit for breach of the non-compete.

The court will look at what legitimate business interests the employer is protecting and if the agreement is narrow enough so that the employee can still make a living in their profession without harming the employer. They will look at what exactly is proscribed, what the geography is, how long the non-compete is applicable, and what the employee did for the employer and proposes to do for the new employer.

You might want to read the information at the following link as it is a good description of the issues in Florida:http://www.flacorplaw.com/Non-Competes.html

If the employer believes you are violating the non-compete then, as mentioned, they can file an injunction to stop your employment and also file suit. If your attorney, after reviewing your non-compete thinks it is unenforceable, then they usually will file the petition I spoke of above. So, your best step is to right now take your non-compete to a local employment law attorney and have them review it in light of what you want to do and see if they can either negotiate an out for you with your employer or file the petition, so that you are on the offensive rather than defense.

Please feel free to ask for clarification.
Expert:  Marsha411JD replied 1 year ago.
Hello again, I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 30th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/ Thank you.