Legal Question in Employment Law in Florida

Employment Contract URGENT question

what can an employer do if I breach a contract regarding the ''cooling off'' period. they are telling me I cant obtain employment within the ''business'' for the remaining term of the contract. what if I do this what can happen? please help. This employer is seeking a reply from me by tomorrow. thanks


Asked on 1/22/07, 11:41 am

1 Answer from Attorneys

Re: Employment Contract URGENT question

I don't know what you mean by "cooling off period" without seeing the contract. I can only guess that you have a non-compete agreement that contains a period during which you may not work in the industry, or perhaps for competitors or in a certain geographic area. If it entirely restricts you from earning a living in your field, then it may not be legal. I would have to see the contract to render an opinion. Honestly, that is a chargeable service, beyond the quick advice of this site. But if you need an opinion, feel free to email directly to me. You of course can tell the employer you are consulting with an attorney and need more time.

If there is a contract and it is legal, then the employer can sue you for breach of contract and actual damages flowing from your breach. If there is a liquidated damages clause - i.e., a clause that says you are liable for a certain amount if you breach, then they can sue for that as well. The contract might also say you are responsible for their attorney fees too, although some courts might not allow that. They could also threaten to sue any employer you go to work for, if it is in breach of the agreement. (If not, then you could sue them for interference with business opportunities if you lose the job but were not in breach yourself.)

So, read your contract carefully to see what it means, and contact an attorney if need be.

Good luck!

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor it the author responsible or liable for any actions by the parties involved in the matter.

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Answered on 1/23/07, 12:03 am


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