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Employee's rights regarding employer's request for signing non compete agreement, violation of non competeAn employee, who had signed a non-compete agreement with my company, has just come out of the duration of the agreement. However, it has just come to my attention that he had violated it before he came out of it. Now that the duration is over, can I still be able to sue him and/or his new employer? Attorney answers (2)
Reputation Level 14
Answered about 3 years ago.
Contracts / Agreements Lawyer in Fort Lauderdale, FL.
Thanks for your question. Since I am an attorney, I cannot ethically give you specific legal advice on your situation, since you are not my client, but I can only provide you with general information that you may find helpful.
It is not clear from your question if you or your company has suffered any economic harm from the violation of the employee’s non-compete contract. If you have, and the harm is substantial, you may wish to seek recover of your damages. However, be aware that Florida courts tend to view non-compete contracts with great suspicion. The best advice that I can suggest is to review the facts with a Florida attorney who can work with you on the unique circumstances of your situation. Best of luck, Shawn C. Newman, Esq. Attorney At Law 1881 NE 26th Street, Suite 212E Wilton Manors, FL 33305 (877) 552-9385 Shawn@ShawnNewman.com 5 people marked this answer as good
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Reputation Level 14
Answered about 3 years ago.
Business Attorney in Washington, DC.
You may be able to sue, inasmuch as a non compete is a contract and the contract was breached. The question is "what are your damages?" Can you recover enough to make it worth litigating. Often one seeks injunctive relief with a non compete, but it is too late for that. You would have to prove that the breach of the non compete caused you economic harm.
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