Is a Non-Compete enforceable if employee termination occurs within 90 day probationary term?

I was hired on Jan. 3, 2011 and required to sign a 2 year non-compete within certain service areas of the company hiring me (Waste Disposal Industry). I was terminated 03-29-11 and will be paid through 03-31-11. Is the non-compete enforceable since I was terminted within the stated probationary term?

1 answer  |  asked Mar 30, 2011 06:13 AM [EST]  |  applies to Florida

Answers (1)

Phyllis Towzey
Unless your non-compete agreement specifically provides that it's not enforceable if you are terminated within the 90-day probationary period, then it is enforceable under Florida law (unless you could show that your employer hired you with the specific intent of getting you to sign a non-compete and then firing you --in other words, the whole thing was a set-up. This scenario, of course, is very unlikely).

Your best approach is to contact the employer and ask if they are willing to release you from the non-compete since you worked there such a short period of time.

This answer is based on the limited information you provided. It is always best to have an attorney specializing in this area review your contract, as there may be other provisions that would change the outcome.

posted by Phyllis Towzey  |  Mar 30, 2011 07:46 AM [EST]

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