Can I get a lawsuit for violating non-compete dismissed?: I left my ex company and went to work for a larger company that does do the same service and so much more. I stated to them prior to leaving I was put under hostile stress in which I saw a therapist for. Over the pandemic I was threatened to maintain to which my commissions weren't paid with claims they didn't have the money, yet the CEO purchased 3 luxury vehicles he posted on social media and when I questioned it I was told to not bring it up or risk termination. I worked in that environment for a few months through the pandemic until I left and took a position with another company. They do offer the same service but also several other services. It was like an upgrade to my career. I have also had several years of experience in working with medical offices so I was originally hired based on the book of business they claim I'm using to hurt them. I was served on the 28th of August 2020. Do I have a defense?
Frank’s answer: Chapter 542.335 controls your former employer's ability to enforce the non-compete. It is impossible to provide you any legal advice without a formal consultation and review of the non-compete agreement. While unpaid commissions may be a valid defense, a well written non-compete agreement makes clear that the non-compete agreement clause is still enforceable because it is an "independent covenant." Contact myself or another employment law attorney to defend your livelihood and properly understand your rights.
Does the non compete clause apply in the case of termination in Florida?: I was recently terminated and I wonder if the non compete clause would prevent me from getting another job near by (Florida)
Frank’s answer: Whether a restraint on trade is enforceable depends upon whether or not the employer can demonstrate one or more legitimate business interests necessitating enforcement. A labor and employment lawyer may assist you with determining whether or not (a) the new position is in conflict with the agreement, (b) whether or not the agreement is likely to be enforceable under the Florida law, and (c) whether there are other ways to get out of the restraint on trade.
Am i eligible to work as a screener for the TSA with a drug paraphernalia misdemeanor?: Im attempting to get hired as a TSA screener at the airport, they have a rigorous background test. Am i eligible for for hire for them? The arrest was 9 months ago and i was placed on a derivative 6 month program.
Frank’s answer: Generally, Florida doesn't have a "ban the box" law protecting against background checks for criminal history. Regardless, it will not apply to a law enforcement agency like TSA because of sovereign immunity. Here are TSA's requirements - https://www.tsa.gov/disqualifying-offenses-factors. You need to contact an attorney and have them review in detail your criminal offenses and the deal you made with the State Attorney's office. Best of luck.