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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 29557
Experience:  Former judicial law clerk, lawyer
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I have a non compete with my current employer and I would

Customer Question

I have a non compete with my current employer and I would like to change jobs. The new job is in the same field but a different district so there is not competition. The non-compete says that I can not work in the same state (which I think is too broad) do I need to tell the company I would like to join about the non-compete if I get offered the job?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today.
You are required to tell the new company, because they need to know if they could face a lawsuit by hiring you. Sometimes, a new employer will buy out a non-compete agreement, so that's another reason they need to know.
Whether a statewide restriction is too broad will depend on how far the new district is from your current office and whether the original company performs work throughout the state. What Fl. Stat., Section 542.335 says is that it may be a defense to a lawsuit if the company seeking to enforce a non-compete doesn't do business in the area where they're trying to stop you from working.
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