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Tina
Tina, Lawyer
Category: Employment Law
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Experience:  JD, BBA, recognized by ABA for excellence.
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I signed a non compete agreement as a consultant with a

Customer Question

I signed a non compete agreement as a consultant with a Florida company. The term was for 2 years after any departure. 6 months into the arrangement I was told the company was having financial problems and would no longer require my consulting services.
Then 4 months later the company and I agreed to additional consulting services and I was paid an agreed amount per month, much less then the original amount, not on company checks but rather a personal checks.
My question is does my 2 year non compete start at the date when I was released from the company's payroll after 6 months after being told my services were no longer required?
Submitted: 4 months ago.
Category: Employment Law
Expert:  Bill Attorney replied 4 months ago.

Thanks for your question.

Non-compete agreements are generally enforceable if limited in time and geographic area. They are generally enforced by courts as employees receive certain knowledge and secrets of trade in their previous employments.

Your question is in relation to its timeline. If the the non-compete clause was in your initial employment contract, it would start from the end of the contract/ termination of your employee role.

Considering you resumed employment for a 4 month period, generally speaking the old contract terms would prevail, even if there was nothing affirmatively agreed or perhaps even signed.

It should start from the end of the 4 month period, since you resumed employment again, and the terms of the previous contract will prevail. When no new contract is signed, the law is that the old contract terms will prevail.

This is perhaps not the answer you were looking for. Remember my answer is no substitute for consulting a local lawyer with all the facts on hand and a copy of the contract with a thorough discussion.

Please remember to rate my opinion positively before exiting this chat.

Customer: replied 4 months ago.
I don't think my question was understood.
Expert:  Bill Attorney replied 4 months ago.

The 2 year period starts from the last day you worked as a consultant or employee for the business. That would be after 4 months, notwithstanding that the payments were different etc. 2 years from the last day, whenever that was.

If you worked under the same conditions under the new arrangement, the original terms will normally apply, including the non- compete clause.

For more specific information bring a copy of the contract to a local attorney.

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