noncompete

There is some favorable law in Florida that can be helpful in defeating noncompete agreements. They are not favored. However, the strategy and likely out come would depend greatly on how the agreement is drafted and on the particular facts of your situation. Does the agreement contain limits of time and radius ?

As was noted in the previous answer, non-competes are difficult to break.

In some cases, you can negotiate a change that will reduce the scope of the non-compete.

If you wan't to break it properly, you would need to file a legal action to have a court declare it void or limit its scope. As a general rule, non-compete's must be reasonable in length of time and geograpic scope.

If you wan to challenge the validity of the agreement you would have to convicne the court that you were somehow tricked or misled into entering the agreement. This can be a relatively complicated issue.

If you really want to get out of it, you need to seek the advice of an attorney experienced in the area and familiar with the practice in your local area. You should review the agreement and what the penalites are for violating the agremeent as they can be pretty severe.

If you are going to risk a violation, you should let your new employer review the agreement as your failure to disclose could cause you to lose you new job.

The foregoing is for informational purposes and should not be relief upon in the place of consultation with a qualified attorney in your jurisdiction.

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. The best advice that I can recommend to you is to contact a local Florida attorney that can work with you on your unique situation.

Non-compete contracts are legally valid in Florida if they meet three conditions of reasonableness: 1) the scope of the duties or activities are reasonable (the conditions can’t be so broad that they deny a person the opportunity to earn a living in the profession); 2) the limit of agreement to not compete is reasonable (usually a year is deemed reasonable, and limits of time beyond a year are a question to be evaluated based upon the specific industry and facts of the situation); and 3) the geographic radius must be reasonable (and this can be narrowly or broadly defined as a “business impact” to the employer). Generally, non-compete contracts are viewed with suspicion by the Florida courts, but they are enforceable based upon the three criteria above.

You can contact a local business attorney in your area to discuss your situation and your options. There may be valid alternatives that will allow you to do what you wish. Your attorney will need a copy of the agreement that you signed and a clear understanding of your intentions.

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