Severance agreement/general release includes non-compete; and I never signed a non-compete.

Asked about 3 years ago - Saint Petersburg, FL

Worked 4 plus years as a driver for a medical equipment company. Let go on 07/08/2011.
When hired, I was asked to sign a non-compete. I thought it was silly and did not sign one. Yet I remained employed. If I sign this agreeemnt - am I acknowledging the non-compete?

Attorney answers (1)

  1. Peter A. Levitan

    Contributor Level 9

    Answered . I'm not sure which law governs your employment agreement, since the employer could be out of state, and your agreement could recite that it's governed by some law other than Florida's. But assuming it's Florida law (and since I'm not admitted to practice in Florida), only an attorney licensed to practice there can advise you properly. Specifically, I believe Florida limits the scope of what non-compete agreements are enforceable, based on the time of the restriction, the employer's line of business and that the restriction is reasonably necessary to protect the employer's legitimate business interests. But you would, as you suspect, be prudent not to sign the termination agreement which includes the non-compete in order to avoid being bound by it, until you consult a Florida attorney.

    THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL... more

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