Legal Question in Employment Law in Florida

I have my recently former employee asking me to remove all reference to employment with his company from , and my own site. (he approved these "articles" while I was employed there and even had make specific edits to them). He does not want to pay me to make these edits.

In addition he has a non disclose agreement that he says prevents me from disclosing any of the web sites I created for him in the last year.

In addition he says that the non compete agreement prevents me from doing web design or internet marketing for 5 years because it was a "major business activity". He sells lumber, I'm a web designer.

In addition these agreements that I did sign at time of hire start with the phrase "In good consideration for" I was expecting a severance package for my cooperation. There was non, in fact he wants me to do a little work for free and never mention what I've been working on for the last year. I can't get a job that way, and find that since I left due to his actions, I do not wish to do any we design for him for free.

Asked on 2/25/10, 5:11 am

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire
0 users found helpful
0 attorneys agreed

You have a bit of a problem here because you signed these contracts when you were hired. People generally are free to contract for whatever they want (exceptions apply, of course). In Florida, non-compete agreements must be "reasonable" in time, geographic area and scope, and the Florida Statutes provide guidelines for what what is presumed "reasonable" and "unreasonable." Even if one provision of a non-compete is presumed unreasonable and thus unenforceable, the entire contract may not be invalid, and the court may essentially re-write the contract to make it reasonable.

In any event, no one will be able to comment on your specific situation without reading your contracts first. I strongly suggest you retain an attorney to review the contracts and advise you how to proceed. I offer a free half-hour consultation at my office in St. Pete and reasonable rates for contract review and advice.

Read more
Answered on 3/02/10, 6:46 am
Scott Behren Behren Law Firm
0 users found helpful
0 attorneys agreed

You need to have a lawyer review the non compete and non disclosure agreements. Were they entered into at the time you were hired or when you left since you reference a severance situation. Feel free to call my office if you wish to discuss this matter further.

Scott Behren

Read more
Answered on 3/02/10, 8:55 am

Related Questions & Answers

More Labor and Employment Law questions and answers in Florida

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Labor and Employment Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Glen AshmanAshman Law OfficeAtlanta, GA
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now