Answers Posted By David Goldman

Answer to non compete

Non-Compete

Generally there are three issues one needs to be concerned about with regards to non-compete agreements. These are breaches of duties of employees while they are still employed, violations of non solicitation agreements, and non-compete agreements.

Even a boat cleaning business can have protectible business interestes, trade secrets are only one way to create an enforceable agreement. You should contact a lawyer who specializes in non-compete agreements. Generally the main problem with fighting these is the cost of defending an agreement can be substantial and the agreements are tolled, that is they don't begin to run until the end of the case.

posted Apr 1, 2008 8:43 PM [EST]

Answer to 5 year-50 mile radius service non-competence clause

Owners Non-Compete from sale of Florida Business

Your actions will surly invite a lawsuit. While a typical employee non-compete agreement is presumptively invalid if greater than 2 years a 5 year term on the sale of a business may not be invalid. ( This presumption can be overcome and a court could lower the term)

You should have your contract reviewed by a Florida lawyer so you can be advised of the risks involved in the actions you are contemplating.

David Goldman
if you would like to discuss this you may contact me at 904-685-1200

To read more on Florida non compete and non solicitation cases look under business law at http://www.floridaestateplanninglawyerblog.com />


posted Feb 25, 2008 06:29 AM [EST]

Answer to Non-compete

Florida Non-compete agreements and termination

Generally a Florida non-compete agreement is valid even if you are fired and or terminated with or without cause. I have seen some agreements that are written so poorly that the non-compete provisions do not survive certain types of termination. To determine if you are subject to a non-compete one would would have to review the contract in its entirety.

To read more on Florida Non-Compete or Non-Solicitation agreement you might look at my blog

http://www.floridaestateplanninglawyerblog.com/business_law/noncompete_agreement/



posted Feb 24, 2008 1:59 PM [EST]

Answer to Non compete with global consequences?

Geographic Scope of Non-Compete Agreement in FloridaAlthough you are probably right that the agreement cannot be enforced as it is written, a judge will likely narrow the scope of the agreement to a reasonable geographic area and will enforce the agreement as such.To read more on Florida Non-Compete Agreements http://www.floridaestateplanninglawyerblog.com/business_law/noncompete_agreement/

posted Feb 19, 2008 8:43 PM [EST]

Answer to Validity of non-compete agreement

Florida Non-compete agreements

The main problem is not whether the agreement is enforceable or not, but whether you can afford or justify the time and expense to dispute the agreement. Its always best to treat these agreements as valid and something you can live with or do not sign it.

Now is the best time to create a valid agreement with the employer and makes sense to everyone. It appears that what they are asking for is unreasonable and not enforceable, so create something that makes sense upfront.

If more people would have their agreements reviewed and modified upfront when it is easier, everyone would know what they can and cant do.

posted Jan 24, 2008 09:28 AM [EST]

Answer to If company goes out of business is non compete still valid

Non-Compete & Business Termination

Your questions is a common question. there is no clear answer, but each case or persons circumstances need to be evaluated. Several cases have held that non-compete agreements are company assets and are maintained by the successor to a company if there is an assignment clause.

To answer your specific question you would need to know how the company is going out of business, what your relationship to the company was and then review your particular agreement in light of the above information.

posted Jan 15, 2008 12:07 PM [EST]

Answer to No-waivers?

Employment agreement and Waiver language

The language you are referring to means that if they waive a term of the contract for you or others it shall not be considered a waiver for the next time the same or similar issue comes up.

For example if they say that it is ok to sell to one of their previous clients, it does not mean you can sell to any others.

The best time to make changes or clarify an agreement is before it is signed. In most cases they can be easily modified prior to employment or execution. Once they are executed, it is much more difficult to determine what you signed, what their interpretation is or make reasonable changes.

You should have any employment agreement evaluated just as a business would evaluate a lease as it can significantly affect your future income and ability for employment even if they fire you for no reason.

If you would like to discuss your specific Florida agreement please contact me at 904-685-1200.

posted Jan 9, 2008 11:51 AM [EST]

Answer to Is this a breach of contract - employement contract

Breach of Contract and Non-Compete Agreement in Florida

It depends on how the agreement is written, but it sounds very possible. The real question is "Can I afford to negotiate or defend a case?"

Generally a breach of contract can be a defense to the enforcement of a non-compete. To know for sure if this would be a valid defense in your situation, an attorney would have to review the agreement.

The problem with a defense to the enforcement of a non-compete agreement is that unless the company or their council realizes the issue upfront or early on in the case, the cost to defend such an action can be substantial.

I typically tell my clients who are in a similar situation with a valid defense, that they need to be prepared to spend $1000 if it can be resolved pre suit and $5000+ to defend such an action if suit is filed. If this is not an option, then you are probably better to act like the agreement is valid even if it is not.

It is impossible to give you accurate advise without reviewing the actual agreement and facts surrounding your particular situation. If you would like to discuss these further you may contact me at
904-685-1200

David Goldman, Esquire
If you would like to read more information on similar issues with Florida Non-Compete agreements, you may look at my blog
http://www.FloridaEstatePlanningLawyerBlog.com/



posted Jan 9, 2008 09:35 AM [EST]

Answer to expiration date and change in terms

Florida Non-Compete

You have very good questions but unfortunately it would be impossible to answer your specific questions without seeing the agreement to determine how the terms and conditions are defined. Because of the breach or anticipatory breach of contract, you have a change to react at this time. If you wait and do not take action, it may be determined that you agreed with the changes. This could make it more difficult to work for someone else.

Feel free to fax a copy of the contract for review to 904-358-3061



posted Jan 7, 2008 3:47 PM [EST]

Answer to Unaurhoized payroll deduction

Payroll Deduction

I would ask the employeer to explain the deduction. If it seems wrong, then you may speak to an attorney about writing a demand letter. It would be hard to pursue $740, but one option is small claims court.

posted Dec 4, 2007 10:47 AM [EST]