Legal Question in Business Law in Florida

relase

I am self employed but the man who owns the shop had us sign a note stating that if we left his shop we could not work with-in 10 miles of either of his shops.Is that legal?


Asked on 4/09/07, 12:25 pm

2 Answers from Attorneys

florence hessen florence f. hessen,esq

Re: relase

Hi:

I beleive what you are speaking about is a restrictive covenant. Depending on how it is structured will depend if it is legal.

Good Luck

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Answered on 4/09/07, 12:28 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: relase

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.

Probably not. Florida courts have generally held that any form of Covenant Not to Compete or Restrictive Covenant can not be too encompassing or overly restrictive. Further, the former "employer" would have to demonstrate how he/she would be harmed by your new employment.

If it can be shown that you have trade secrets, sales information, customer lists, etc., you may be prohibited from using that information in your new job but any agreement that totally prohibits you from working would probably not be enforceable.

Scott R. Jay, Esq.

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Answered on 4/09/07, 12:34 pm


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