Does a non-compete encompass the entire business entity or just the specific position when signed?
Ex-employer "A" had me sign a non-compete. I was working in the health care field in a corporate office for a nurse registry. "A" fired me two weeks ago, and I secured a position with "B" within a few days - in a completely separate department under a completely separate job description. "A" found out that I am working for "B" and called to speak with the owner and threatened her. When I was with "A", I was there for 11 months as a "staffing coordinator" (contact with clients, contractors, and selling services) - here in the new position I am working as an administrative assistant - basically filing and receptionist work.
I'm worrying. Does "A" have any legal ground ? ...Especially when taking into consideration that Nurse Registries really have no "trade secrets" ... they all abide by guidelines set forth through the Agency for Health Care Administration - basically all NR's are REQUIRED to operate exactly the same in a sense...
Answers (1)
Under Florida law an employer can enforce an agreement that stops you from working in any capacity for a direct competitor within the employer's market area, so long as they have a legitimate business interest to protect.
You should consult an employment law attorney to review your non-compete agreement reviewed, and negotiate on your behalf with Employer "A." Right now, you are at risk that Employer "A" will obtain a temporary injunction stopping you from working for Employer "B" in any capacity. The problem is that even if you would ultimately be able to prove in court that the non-compete is overly broad, by the time your case went to trial it's unlikely Employer "B" would still have been in a position to hold your job open for you.
posted by Phyllis Towzey | Mar 17, 2011 07:21 AM [EST]
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