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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19779
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I started my job June 1st, and realized I have a non

Customer Question

I started my job June 1st, and realized I have a non compete. If I find employment elsewhere, is that enforceable since I just started ? I also feel that it wasn't presented until after I left my job to start this one.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 4 months ago.

Hello,

Thank you for the information, however, I am unclear about your facts. Are you saying that you have a non-compete from a prior job that you signed while employed there and now that employer is threatening to sue you for violation because you have started working with a company that falls within the non-compete? If so, are you also asking that if you quit now that this will effect whether or not you are sued for having violated the non-compete? Please clarify the situation.

Customer: replied 4 months ago.
My new job that I started working at June 1 has a noncompete contract ,my previous employer did not have a noncompete contract. I am considering leaving the company I just started a job for because of the noncompete contract that I signed however it is in the same field as the job that I currently have. I have seen something on the internet about having to have substantial employment(2 years) in order for it to be enforceable. I want to make sure that it is not enforceable so that I can get another job in the same field without a non compete contract
Expert:  Marsha411JD replied 4 months ago.

Thank you for clarifying that. First, it is important to understand that no one, other than a court of law, can tell you whether or not a particular non-compete agreement will be enforceable. That is because the law of non-competes is extremely complex and fact specific. In Florida, there is actually a statute, which you can see at the following link: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0542/Sections/0542.335.html

As mentioned, there are many factors that go into to deciding whether or not a non-compete is enforceable. It is true that a non-compete might be less likely to be enforceable if the employee has not had enough time to develop the Company knowledge and business relationships that the non-compete is intended to protect. However, there is nothing in the statute or case law that sets out what is a reasonable time for the employee to have worked to deem a non-compete unenforceable.

You will want to read the statute, which is lengthy, and then if you still want to go forward with your job move, you will need to either negotiate a release of your non-compete with your employer or hire a local employment law attorney to file a petition with a court to have your non-compete declared unenforceable. If you don't take that step, then you will be on the defense and your employer, once you leave, could not only file suit for violation of the non-compete, but also obtain an injunction keeping you from working for another employer that arguably falls within the non-compete. That really isn't a position you want to be in, thus my recommendations for your options.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 4 months 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 10th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

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.