Non-Compete, company paid me inappropriately, can they enforce it?

I had been employed at a local mortgage company for approximately two years. I was terminated four months ago. From the day I started I was a W2 employee and wasn't paid a single dollar for minimum wage, nor was I paid for over time worked (which some months was a lot). They also started paying draws to cover insurance and unemployment taxes (I believe), but later recouped it on the following months commission check. I since then have proceeded to start my own mortgage company. One of the owners has since called me and asked me my intentions. I really didn't get into what they were because I've done everything I can to just be left alone, even though, from what another attorney told me, they were liable for tens of thousands of dollars of back wages, mis appropriated wages, etc...

I want to know if that becaue of this, is my non compete unenforcable and can I proceed to operate my business out in the open without fear of one of the owners trying to file an injunction on me. My non compete states I am not to compete for the next two years, nor am I allowed to work within 100 miles. The leads that my old employer gets come from the internet, the same place I plan on getting my leads from. Besides protecting myself, if I can be relatively assured that my job is protected, I'm tentatively considering filing a lawsuit (class action if possible) against them. I was the longest employed person there along with being a manager and can attest to everything and everyone that was pain inappropriately.

1 answer  |  asked Nov 7, 2007 4:48 PM [EST]  |  applies to Florida

Answers (1)

David Goldman
Non-Compete & Termination

This is far to complicated an issue to give you an answer online. It would require reviewing the documents and knowing more about what you were doing, and what you plan to do as well as many other issues that could become part of a dispute.. Feel free to contact me at
903-685-1200 or dgoldman@woodatter.com. You may review other articles on my blog
http://www.floridaestateplanninglawyerblog.com and click on the non-compete menu on the left

posted by David Goldman  |  Nov 8, 2007 08:12 AM [EST]

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