Can a non comp agreement signed with a TN or OH company be enforced in FL?

I am employed by a company based in TN, soley owned by an Ohio company. I am an inside salesman who works from his home office in FL. Customers from many different states call. I do not have a specific territory I work within. I do not posess a company provided customer list. All customer and pricing information is provided for me via their computer system.

I would like to seek employment from a different company based in IN, basically doing the same job under the same circumstances.

Can my present employer block me from changing jobs or enforce a time period before I can change??

2 answers  |  asked Jan 20, 2012 10:44 AM [EST]  |  applies to Florida

Answers (2)

Archibald Thomas
The answer to your question may depend in part on exactly what is meant by out-of-state company. If you mean that they do business in Florida but their headquarters is located out-of-state, then that would make no difference in the enforcabiltiy of the agreement. On the other hand, if you mean that the company has no office in Florida and otherwise does not conduct business in the state of Florida, then there is a reasonalbe chance that a non-compete agreement would not be enforced in Florida. The important issue given your question is where the company does business as opposed to where they are physically located. However, there are many other factors that could affect the enforcability of the agreement as well. Only a lawyer familiar with these issues who has reviewed the agreement and has obtained all the relevant factual circumstances can give you an opinion regarding the enforcability of your particular agreement.

posted by Archibald Thomas  |  Jan 20, 2012 2:23 PM [EST]
Phyllis Towzey
Yes, in general, a noncompete agreement signed with an out-of-state company can be enforced in Florida. You need to have a Florida employment law attorney review the agreement you signed to determine to what extent it restricts your ability to work for another company.

posted by Phyllis Towzey  |  Jan 20, 2012 11:06 AM [EST]

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