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

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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 6 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.


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