Under what conditions is a non-compete unenforceable?

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Under what conditions is a non-compete unenforceable?

I have worked as a sales account executive for a media company for the last 5 months. The day I started they “forgot to mention” that I had to sign a non-compete. I was not happy and tried to dismiss it, but I had to sign it since I committed to moving down here from CT already with my family. The non-compete states that I cannot accept work for another media company (TV, radio, cable, internet) for 1 year in the Orlando market “as an account executive, or provide similar services”. I just received an offer at another media company as a Director of Sales, which is a senior management position. Can the non-compete be enforced if I leave for a much upgraded position like this? FYI, the agreement, although signed in FL, says it “will be interpreted under the laws of the State of NY without regards to conflicts or choice of law rules.”

Asked on July 19, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

For a definitive answer, especially given what is at stake, bring the agreement to an attorney to review it with and for you; the exact language of the agreement and the specifics of your situation are critical to determining enforceability.

That said, from what you write, there is a good chance it is enforceable. While non-competes are not enforceable if too broad in jobs covered, too broad in geographic area, or too long in duration:

1) The job is defined fairly narrowly, to what you actually do for the employer--account or sales executive. That's also the job you have been offered, so it would seem that the job description/scope is not too broad.

2) The Orlando market is a defined geopraphic market that seems appropriate to the job and is probably not too broad.

3) For a relatively senior persion, like a manager or an executive, one year may not be too long.


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