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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.
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