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Can I work in my industry after a non-competition agreement?

Can I work in my industry after a non-competition agreement?

Full question:

My corporate office is located in Pinellas County, Florida. I signed a tight non-competition agreement based on the promises of promotion and participation in the ownership program. I was promoted and transferred to Texas. It takes three years as a branch manager to qualify for ownership. My company is now closing my branch since they already have a branch within a few miles north of mine. The company offered to demote me, reduce my territory, and guarantee my salary only until January of 2007. I declined. I want to seek employment with a similar company in this area. I have work in this industry for the last seven years. It is my career. Do I have a chance to remain in this industry because of breach of contract? What are my options?

Category: Employment
Date: 04/07/2025
State: Texas

Answer:

Non-competition agreements are valid if they are reasonable and protect the employer's interests. For instance, a clause that prevents an employee from contacting customers they worked with in the last six months is usually enforceable. Courts assess these agreements for reasonableness regarding time and geographical scope. If a company operates only in Houston, a restriction preventing an employee from soliciting business within a hundred miles would likely be deemed excessive. Similarly, a lifetime restriction on a doctor practicing in the same city as their former clinic would be unreasonable.

If a court finds a non-competition agreement too broad, it may either modify it to a reasonable scope or declare it void altogether. Given your situation, it’s advisable to consult an attorney in Texas to discuss your specific circumstances and explore your options.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Do non-competes hold up in Florida?

Yes, non-compete agreements can be enforceable in Florida, provided they are reasonable in terms of time, geographic area, and the scope of activities restricted. Florida law requires that these agreements protect legitimate business interests, such as trade secrets or customer relationships. If a non-compete is deemed too broad, a court may modify it or declare it void. It's advisable to consult a legal professional for specific guidance.

How do you get around a non-compete in Florida?

To navigate a non-compete in Florida, consider negotiating the terms with your employer or seeking a waiver. If the agreement is overly broad or unreasonable, you may challenge its enforceability in court. Additionally, waiting for the non-compete period to expire or finding employment outside the restricted area may be viable options. Consulting with an attorney can provide tailored strategies.

How long are non-competes enforceable in Florida?

In Florida, the duration of a non-compete agreement can vary but typically lasts for a maximum of two years for most employment situations. However, this duration can be longer for certain professions, such as those involving trade secrets. The enforceability also depends on the reasonableness of the time frame concerning the business interests being protected.

What voids a non-compete agreement in Florida?

A non-compete agreement in Florida may be voided if it is deemed unreasonable in duration, geographic scope, or the activities it restricts. Additionally, if the employer fails to demonstrate a legitimate business interest or if the agreement was signed under duress, it may be unenforceable. Courts will assess these factors on a case-by-case basis.

Can I work for a competitor if I signed a non-compete Florida?

If you signed a non-compete agreement in Florida, your ability to work for a competitor depends on the agreement's terms and whether they are enforceable. If the non-compete is reasonable and protects legitimate business interests, you may be restricted from working for competitors within the specified time and area. Consulting an attorney can help clarify your options.

Do non-competes hold up in court in Florida?

Yes, non-compete agreements can be upheld in court in Florida if they meet legal requirements for reasonableness and protect legitimate business interests. Courts will evaluate the agreement's scope, duration, and geographical limits. If an agreement is too broad, a court may modify it or rule it unenforceable. Legal advice can be beneficial in these situations.