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Can I move to another job despite of the non confidentiality agreement all of us in the company are required to signed?

When I joined an interior design company in 2007, I was required to sign a non-confidentiality agreement as a requirement for my employment, with a special clause " In the event of resignation or dismissal, not allowed to work in a competitor engaging in same business or trade" for two years in the State of Florida.
Is this not a labor rights violation? Im a designer, and seems the clause forcing me to find jobs as " garbage collector" or " cleaner"..especially in the State of Florida where the fair employment policy is being followed.

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Attorney answers (2)

Reputation Level 14
I assume you are referring to a non-compete agreement. These agreements are not in and of themselves prohibitted, but whether or not they can be enforced is dependant upon the specifics of the type of company and the reasonableness of the geographic limitations and duration of the agreement. I suggest you discuss this issue with an employment attorney.

Reputation Level 14
You should definitely talk to an employment attorney before making any decisions about separating from this employer. Covenants not to compete are lawful in Florida, and disputes over non-competes usually wind up getting resolved in favor of the employer. Depending on the wording of your particular agreement, it might be possible to continue to work in your field but not in the same capacity. Anyone giving advice would need to read the entire agreement; but, based solely on what you quoted in your question, I already see one potential problem with it. I cannot envision a court saying that you could not go to work at another company in competition with your current employer as, say, a receptionist or a janitor, positions that have nothing inherently to do with interior design. Granted, you might not ever want to take such positions; but, the language you quoted says it's not possible. Other parts of your agreement might have other problems. Go show it to an attorney to find out your options.

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