Can a Non Compete be enforced?

Florida- 2 years ago I was forced to sign a non compete or
not receive my bonus. Since then my employer changed my
position and pay. No new non compete was signed. Is the
previous one still enforceable?

Asked on October 29, 2017 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is still enforceable: a change in position and pay has no effect on the validity or enforceability of the non-competition agreement. Because you were still receiving employment (even if in a different position or for different compensation), you were still receiving "consideration," or something of value, in exchange for your promise to not compete. That receipt of consideration keeps the agreement in effect.

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