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Employment Law

If you are permitted to work with another company can your

Customer Question
employer hold you to a...
If you are permitted to work with another company can your employer hold you to a no compete?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: You mean as far as a non compete complaint
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, just that ? If I have permission to work with another company and my employer adjusted my pay to reflect it, can he then later hold me to no compete
Submitted: 5 months ago.Category: Employment Law
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Answered in 5 minutes by:
6/16/2017
Employment Lawyer: Dwayne B., Lawyer replied 5 months ago
Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 34,054
Experience: Employment Law Expert
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Employment Lawyer: Dwayne B., Lawyer replied 5 months ago

Before we get started on the question I just wanted to let you know that I severely injured my right arm a couple of week ago so some of my answers may be shorter than normal, but still complete, and there may be typos or other small issues. It also takes me a little longer to hunt-and-peck using just my left hand so please bear with me.

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Customer reply replied 5 months ago
Ok no problem
Employment Lawyer: Dwayne B., Lawyer replied 5 months ago

It depends on the exact wording on the non-compete clause, any contracts in place, the company handbook, personnel policies, etc.

A non-compete clause is valid in Florida so long as the time and geographical restrictions are reasonable and this is determined on a case-by-case basis. An employer can temporarily waive the non-compete clause and then later state they are choosing to enforce it from that point on since there is no law stating they are not allowed to do that.

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Customer reply replied 5 months ago
No im ok with this
Employment Lawyer: Dwayne B., Lawyer replied 5 months ago

As to the last remark you made, "No im ok with this" are you referring to an email you received from the website about a telephone call?

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Customer reply replied 5 months ago
Even if they cut my pay and used the fact that I am working at the other company as the reason, they are letting the other company pick up half my pay. My pay was contracted if they change my pay then isnt that a change in the contract, doe sthat make a diference?
Employment Lawyer: Dwayne B., Lawyer replied 5 months ago

It could, again depending on the language. However, Florida is an extremely employer friendly state and the courts go out of their way to find in favor of an employer in a non-compete clause. If the issue ever arises you have a couple of equitable defenses such as waiver and estoppel and in addition, you can claim that the old contract no longer applies since you were working under different terms. Hopefully it will not be an issue because the employer always has the upper hand in Florida.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Dwayne B.
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