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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35374
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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How well does a non compete hold up in court?

Customer Question

How well does a non compete hold up in court?
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Not only do you need to be concerned about this new employee being sued, but you could be sued as well for interference with a contractual relationship.

The 5 mile limit will be seen by the FL court as reasonable and it will almost certainly be enforced. A well written agreement will hold up in court if it is reasonable in scope and territory. Because this is only a 5 mile radius, the court will probably uphold it as reasonable.

The other shop could sue both of you and get damages for lost business as well as seek attorney fees. In this instance it would be a better idea if you passed on hiring this employee---for both of your sakes.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug

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