2 Agreements - Consideration

I have a non-compete w/ my former employer. It is fairly restrictive. I signed it 1 year after joining the company. There was no raise, promotion, etc. tied to the non-compete. How does FL law view consideration, or lack there of, in determining whether an agreement is enforcable or not? The other twist is that the effective agreement was the 2nd one I signed with the company. They made me sign one when I first started with the company, but the wording in the second agreement says that it would supercede all other agreements. If the second non-compete ends up being unenforcable, then could the first non-compete hold up?

1 answer  |  asked Aug 1, 2002 09:50 AM [EST]  |  applies to Florida

Answers (1)

Joseph Fazio
2 Agreements-Consideration

With regard to your first question, Florida law hold that a non-compete agreement is enforceable, as long as it does not constitute an unreasonable restraint on trade. When deciding wheteher to enforce such an agreement, the courts are primarily concerned with whether the non-compete provisions could be deemed reasonable.

In answer to your second question, it is difficult to say whether the first agreement would be enforced if the second is held unenforceable, without being able to review the language in the two contracts. If you like, you may contact my office to schedule an appointment for a consultation, at 954-463-0585. Please ask for my secretary, Shirley, and tell her you were referred through "MEL."

Joseph R. Fazio, III

posted by Joseph Fazio  |  Aug 1, 2002 10:51 AM [EST]

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