Legal Question in Business Law in Florida

Non-compete clause

My partner signed a non-compete paper with a company we both worked for. He signed this back in 1999, and the company was sold twice since then. We resently (May of this year) left and started our own company. He did not, at the remember that he had signed the non-compete. Do we have anything to worry about since the non-compete is 8 years old. It was a non-compete for 5 years. Or does the non-compete start when he left the old company, and do these transfer when the company was sold.


Asked on 8/25/07, 10:29 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Non-compete clause

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The non compete clause is likely still valid should the former employer choose to enforce it. The five years most likely runs from the date that your partner leaves the former employer (company) and not the date he began his employment.

Scott R. Jay, Esq.

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Answered on 8/25/07, 11:23 am


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