Answers Posted By David Goldman

Answer to Non-Compete, company paid me inappropriately, can they enforce it?

Non-Compete & Termination

This is far to complicated an issue to give you an answer online. It would require reviewing the documents and knowing more about what you were doing, and what you plan to do as well as many other issues that could become part of a dispute.. Feel free to contact me at
903-685-1200 or dgoldman@woodatter.com. You may review other articles on my blog
http://www.floridaestateplanninglawyerblog.com and click on the non-compete menu on the left

posted Nov 8, 2007 08:12 AM [EST]

Answer to Termination Over The Phone

Termination by Phone in Florida

Generally, your employer is free to terminate you for any reason and by any method.

Exceptions might be found in the company hand book or in employment agreements, but it is unlikely that these documents would address method of termination.



posted Nov 6, 2007 07:39 AM [EST]

Answer to Can employees fired for refusing to sign non-competes collect unemployment?

Non-Compete Agreements

Generally when someone is employed and then asked to sign a non-compete agreement there is no consideration for the non-compete.

For a contract to be valid there needs to be a meeting of the minds - that is each understands what is expected and required as well as consideration. Without the consideration the contract is not enforceable. Sometimes consideration can be created by actions.

You should have the non-compete evaluated by a FLorida Business Lawyer to determine if it is valid and / or enforceable. There may be no reason not to sign it.

As to your question about unemployment, termination for refusing to sign, which they have the right to do (unless there is a contract stating otherwise) should not disqualify them from unemployment.

I would recommend having the agreement reviewed

You might take a look at
http://www.woodatter.com/lawyer-attorney-1239577.html

David Goldman
Wood, Atter & Associates
http://www.woodatter.com/

Blog
http://www.floridaestateplanninglawyerblog.com

posted Sep 20, 2007 11:07 AM [EST]

Answer to Sign a non-compete or be terminated

Non-Compete after employment

Generally when a non-compete is being offered after employment, they are not enforceable unless there is additional compensation being offered.

To determine if the agreement is valid, you would need to have an attorney review it.

As far as being terminated, Florida is an at will employment state. That means that an employer can hire or fire people at anytime with or without a reason. There are instances when the reason one is terminated is an invalid one and can violate other laws. In those cases, it is possible for he employee to recover damages.

In addition, sometimes employees have contracts that are violated when a termination occurs. These actions can also create damages.

I would suggest that you consult with a Florida Business Lawyer and have them review your specific facts before making a decision.

David Goldman
http://www.floridaestateplanninglawyerblog.com has a section on business law in florida that might be of help

posted Sep 18, 2007 6:56 PM [EST]

Answer to Can employer read private e-mail w/o notice?

Release

You have many issues, you need to have an attorney review the issues and release. Often releases are in exchange for the employee giving up substantial rights.

posted Sep 5, 2007 07:29 AM [EST]

Answer to Non-Compete Agreement Consultation

Information necessary

In order to evaluate this, it would be important to see what was signed?

What were the terms of the agreement, what type of work were you doing then?

Who are you working for now, what are you doing? What is the location of the new job in proximity to the older job?

Please send me the information so that it can be evaluated further.

David Goldman
Wood, Atter & Associates, P.A.
333-1 East Monroe Street
Jacksonville, FL 32202

Tel (904) 685-1200
FAX (904) 358-3061 Direct Fax (904) 212-0678
http://www.woodatter.com/

posted Aug 29, 2007 07:59 AM [EST]

Answer to Non-Compete in Florida

ContractGenerally in order for a non-compete to be valid, there first be a contract. From what you have stated, it appears there may be a problem with consideration. It would be hard to tell without actually seeing the agreement. In addition, the geographic scope could have problems. TimeIn Florida a term of 6 months or less is presumed to be valid and a term of more than 2 years is presumed to be invalid. Your term is in the middle the reasonableness of it would have to be proved.I would have an attorney review the agreement. The florida Bar prohibits the dispensing of legal advise in an online forum. For more information on non-compete agreements in Florida you might look at posted Aug 15, 2007 08:44 AM [EST]