If I have a 24 month non-compete, does it end in the 24th month or on the specific anniversary date?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I have a 24 month non-compete, does it end in the 24th month or on the specific anniversary date?

I left my company 2 years ago next month; specifically on the16th. The contract is about to expire. Do I have to wait until the16th or can I safely start a business any time that month (i.e.in the 24th month)?

Asked on January 30, 2015 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It would typically be on the anniversary date. The reason why can be easily seen if you consider the simplest, though admittedly would-never-happen-in-real-life, case: a month noncompete, where someone leaves, say, on the 16th: if they could start to compete on the 1st of the following month, it would only have been a two-week noncompete, manifestly not what the parties agreed to. The same logic applies to your case: starting before the anniversary date shorts your former employer of 2 weeks to which they are entitled. As a practical matter, they may not care or notice, but that's a different issue.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption