Non compete by employer

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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 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.

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