Is a non compete enforsable, in florida, if employee is terminated prior to 90 days?

Asked about 4 years ago - Cocoa, FL

Hired by a company as a marketer. Once company had all my contacts they terminated me. They will benefit from my short term employment and I will not receive bonus as a result of termination.

Attorney answers (3)

  1. Richard Ernest Wolfe

    Contributor Level 13

    Answered . The term employment is a factor considered by the court in determining the enforceability of a non compete agreement. You should consult with an attorney for a more detailed analysis of the enforceability of the agreement.

  2. Bonita M. Riggens

    Contributor Level 14

    Answered . You need to immediately file for unemployment compensatin if you have not already done so. If you believe and have evidence that they hired you just to get your contacts, you may have other potential claims. You may also have a claim for your bonus. You should consult with an employment law attorney.

    Bonnie Riggens
    Law Office of Bonita M. Riggens
    669 1st Ave. N.
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    Employment law representation: Contracts (Noncompete Agreements, Severance Negotiations), Defamation, Discrimination (Age, Disability, Gender, Pregnancy, National Origin, Race, Religion), Family and Medical Leave Act, Overtime Law. Privacy Law, Retaliation and Whistleblower Law, Sex Harassment, Unemployment Compensation, Unpaid Wages, USERRA

  3. Donna Marie Ballman

    Pro

    Contributor Level 11

    Answered . This type of situation could be considered fraud in the inducement, which might be a defense to enforceability. You might also have some potential claims against the employer if they truly hired you just to take your contacts. However, Florida courts tend to be pretty harsh in enforcing noncompete agreements. I'd suggest contacting an employment lawyer to review your contract with you and discuss your options.

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