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Regarding pharmacy....I resigned from my job because my manager failed to send reports, answer emails, sent two checks late and

Tampa, FL |

directed me to use the forms that she changed to her fax number from the pharmacy phone number...big no no with regards to pharmacy rules and regulations. I resigned a week after I found out it was not right to do that.
I want to work. She is threatening litigation if I work in the same field. I have not worked for three months.
The TERRITORY in my contract is the entire southeast part of the state. Way too big for one person.
Because she did not send me reports timely so I would know what doctors were ordering and make sure I saw them and because she was late paying me twice the four months I worked for her and because she was directing me to have doctors fax prescriptions to her instead of the pharmacy will the courts hold up the contract or will I be able to work?

I brought all my doctors with me. No doctors business was provided by her. I had worked for another pharmacy for almost three years and they closed and this girl came after me with big promises. When I got my first injectable order she told me to "wing it, give it your best shot". One time a doctor wanted an injectable list and when I text my manager to get it she text back that she "would send it when it was convenient for her". She told me that "the forms she sent were the ones I was to use instead of the pharmacy form.....she changed all forms to her fax number instead of the pharmacy's). I resigned when I found out it was against the pharmacy board rules. I believe she was breaking Hippa rules as well because a patients name was attached and orders were going to her. She intercepted all orders and then faxed them to the pharmacy. Can I be held to a non compete with these facts?

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Attorney answers 1


This is way too complicated of a situation to discuss on a message board. You should contact an attorney who handles non-compete cases to get a formal opinion on your options.

The bottom line: The fact that you signed a non-compete agreement does not automatically mean you are bound by the agreements terms. Non-compete agreements are only enforceable when used to protect a legitimate business interest. In this situation, the agreement may be subject to attack on the grounds that there is no legitimate business interest. Further, you have the issue of possibly illegal conduct that triggered your resignation. If there really was illegal conduct, a court would likely give that significant weight in its analysis.

To read more about Florida non-compete agreements, please see

I do a great deal of work in this area, so please feel free to call me if I can help.

Jonathan Pollard

My response to this question is a response to a hypothetical situation based on limited facts. I am not your attorney; you are not my client and we do not have an attorney-client relationship. If you need a lawyer, you should contact one in your area. If you would like to talk with me about your case, you can call my office.

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