Non compete by employer

On my offer of employment, in Florida, there is a statement that states ‘ It is also
agreed that you will not go to work for another firm who works with our established
clients or clients you have worked with here for one 1 year upon termination of the
employment relationship by yourself or The company.’
The issue is this company has quite an extensive long list of clients and I am afraid
that a new place of employment might have a shared client, what is your advise on
how I can protect myself?

Asked on September 21, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The only way to protect yourself is to negotiate with your prospective employer and hopefully get them to agree to some limitation on this--maybe a shorter non-competition period; or maybe only if you resign or are fired "for cause" (for wrongdoing), not just let go for lack of work or a bad fit or personality conflict; etc. But if they will not agree to such limitations, you need to decide whether you are willing to take this job with the non-compeition agreement or not.The terms you describe are fairly common and are enforceable, so whatever you agree to, you will be held to.


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