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  1. #1
    Join Date
    May 2005
    Location
    florida
    Posts
    1

    Default Non-compete question

    What is the name of your state? florida


    i signed a non compete clause with the first owners of my former company. the company was then sold to the present owners.
    After working for my former employer (present owner) for 3 weeks they present me with a non compete clause. I sign it, but it is just me and the owner present when I signed it. a few weeks later i ask for a copy of it. they say sure but I never get a copy. this was in june 04

    in november 04 I ask again for a copy once again they say sure but still no copy. in dec 04 I ask again but this time I am told that by the owner that the previous owner has told him not to give me a copy of it because that means i want a lawyer to look at it. so I can't have a copy of it. well in may 2005 after being feed up with getting paid late, having my heath insurance taken away, and attemting to cut my base salary a few weeks earlier. I decided to part ways and work for another company. Now after a few weeks with this new company they are calling me with threats of enforcing the non compete if I don't quit working.

    my question is. Is this non compete enforcable seeing as they refused to give me a copy? also seeing as there wasn't witness' present when signing the contract does that make it invalde? Also I have been told that you must sign or intital every page is this true?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: non compete question

    Quote Quoting davepull
    my question is. Is this non compete enforcable seeing as they refused to give me a copy? also seeing as there wasn't witness' present when signing the contract does that make it invalde? Also I have been told that you must sign or intital every page is this true?
    Their refusal to give you a copy doesn't make it unenforceable - but their reluctance suggests that they have doubts about its enforceability.

    The absence of witnesses, or the absence of a signature or initials on each page, is unlikely of itself make the contract unenforceable. Those are practices which can make a contract easier to validate or enforce. (e.g., the initials on every page show that no pages have been switched, and a witness can attest that the employee's signature is authentic.)

    It is my understanding that under Florida law, a judge won't enforce a restrictive covenant unless the employer demonstrates a legitimate business interest worthy of protection. An employer cannot impose a non-compete agreement merely to punish or unduly burden an employee who wants to quit. Florida also permits an equitable defense based upon the employer's bad conduct, and it may be that you would be able to defend based upon their post-agreement cutting of your benefits, late pay, and refusal to give you a copy of the agreement.

    If they seek to enforce the agreement in court, you would be able to obtain a copy through the process of litigation.

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