Legal Question in Business Law in Florida

Non-Compete

If I signed a non-compete and then left that job and started my own business then came back six months later, sold my assets to my employer and signed bill of sale with the clause that my no compete would begin again. Would that Non-compete still be valid since she didnt have me sign a new non compete?


Asked on 7/23/07, 2:20 pm

2 Answers from Attorneys

Johm Smith tom's

Re: Non-Compete

Sounds like you breached the original agreement and the sale of your business could be considered settlement of the breach. But that wouldn't on its own terminate the original agreement. Of course, I haven't read the agreements.

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Answered on 7/23/07, 9:54 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Non-Compete

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.

Absolutely. By signing the agreement stating your non compete would begin again, you have reaffirmed it in writing. If properly worded, this would have the same effect as if you had signed a new non compete agreement.

Scott R. Jay, Esq.

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Answered on 7/24/07, 1:25 am


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