How do I find out if my ex employer has a enforceable non-compete agrement
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How do I find out if my ex employer has a enforceable non-compete agrement
I left my previous employer 06/01/18, and started a LLC with a partner. We are in a new industry, Surveillance, security and fire Systems. But, I have old clients looking for my services in Industrial Water Waste Water Control.
I ‘may’ of signed a non-compete agreement at time of hire in April of 2005. This was a re-hire in 05, the paperwork was marginal, as I had worked with them from 2001 to 2004 as well.
How would I find out if I did sign a agreement in 2005, and if I did, for how long is it enforceable, if at all?
Thank you for your time,
MR. Help me, Can’t save you for now.
Asked on July 24, 2018 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can't find out if there was a non-compete agreement until you compete and they try to enforce it against you; or rather, you can ask your employer (if you deem it advisable to do so), but you can't force them to answer you or show any agreement to you.
An agreement will be enforceable against you for however long the agreement says it can be, typically up to a maximum of (for non-former-owner employees) one (1) year after you quit or resign. It doesn't matter how long ago you signed it; the length of its enforceabilty is the designated period of time after you voluntarily leave (quit or resign) employment.
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