I have a non compete in Florida 18 months 50 me radius. The original non compete was also altered by my ex employers. I have a copy of original where items where left out, date was left off etc. when the law suit came about they turned in a copy that was

I need help with this please. I need to know if you advise me to retain a labor law attorney. The restrictions on my non compete seem to be very irrational. They will not negotiate anything pheasible either. This is a witch hunt. After 17 marketers have left during the time of my employment I am the only one they have come after as I was the top producer.
I just don't understand why the attorneys don't address the tampering of legal document and they dismiss all the other discrepancies I have pointed out.
Apparently non competes in Florida have changed there is a case at the Supreme Court now and everyone seems afraid to fight back as it will be a lose lose. I need help I need my livelihood back and am asking for provisions within reason.

2 answers  |  asked Jan 9, 2016 8:48 PM [EST]  |  applies to Florida

Unlock Non-Compete Agreements: Keys to Escape

Answers (2)

Arthur Schofield
Ms. Towzey's advice is spot-on. I write to add that most of these come with a prevailing party attorney fee provision so fighting them can be very risky as it will add to your financial exposure. If you are not happy with the legal services you are being provided, seek out a second opinion. Best of luck.

posted by Arthur Schofield  |  Jan 11, 2016 06:01 AM [EST]
Phyllis Towzey
It sounds like you are not happy with the advice your current attorney is providing. Understand that sometimes things that seem important to you are not legally relevant, and that may be why your attorney is dismissing those points.

If you are concerned t hat the case is not being handled properly, then you should contact a labor and employment attorney for a second opinion. You will likely have to pay a consultation fee, however, to have another attorney review the case and your noncompete agreement and discuss with you.

Noncompete agreements are enforceable in Florida so long as the time and geographic restrictions are reasonable, and the company has a legitimate business interest to protect. Typically a time period up to 2 years is presumed reasonable. The reasonableness of the geographic restriction is fact specific in each case. They are not required to enforce the agreement against all employees to leave, and can choose to do only against an employee who, like you, is a top producer. It is an economic decision for the employer whether to spend the costs of enforcement.

posted by Phyllis Towzey  |  Jan 10, 2016 1:29 PM [EST]

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