Any Attorneys on this Board
 

Are non-compete agreements enforced in the state of FLA?

Re: Any Attorneys on this Board
 

I am not a FL licensed lawyer but have a law degree from the U of MN (1989) and a MA in Librarianship and Information Management from Denver University (1984). This link might help you out-- http://orlandoemploymentlawyer.com/n...nd-answers.htm. I do not know this attorney. I am a law librarian by training/ experience/inclination and not a licensed FL attorney.

Re: Any Attorneys on this Board
 

This link covers it. The law varies from state to state though on this. http://en.wikipedia.org/wiki/Non-compete_clause

Re: Any Attorneys on this Board
 

My husband works for a company based in MN. We live in IL. His company, originally based in CA, was bought out last year. The one in MN. He signed his non-compete when he went to work ten years ago.

Last week, he met with management and they changed his job. He was a VP of sales, He is now a regional manager and reporting to a younger guy. This came along with a pay cut. The reason -- this "younger" guy who is now the VP didn't make as much as my husband so instead of raising his salary, they decreased my husband's salary. And, gave him more responsibility! They offered him a severance package which was a quarter of the amount he makes, not even 3 months. He came home to think about it.

During this same time, I was let go from my company after ten years. They eliminated my job and are "tightening up" as they tell me. There's no cause; just part of a downsizing trend in my company.

So, here I am without a job and here he is stuck between a rock and a hardplace. I carried the medical because my company offered a better plan. So of course, he had to take the job. He's 63, I'll be 62.

A few days ago, his former boss called him. Let's call him Jim. Jim was the CEO of the company and when bought out, he walked away with millions. Jim has been consulting and doing various things. He is talking to people about partnering with a competitor and would love my husband to come on board. He can work from home and this means we can move to TV.

My husband and Jim are concerned about the non-compete. The only way it's not valid is if they let my husband go and that probably won't happen.

I told him we should talk to an attorney because of age discrimination., For him, not me.

That's kind of it in a nut shell!

Re: Any Attorneys on this Board
 

nanci2539
Hi, this is my first post. I'm not a lawyer but you might have a case. The best thing you can do is to contact a lawyer versed in federal law. The age discrimination seems sound. The fact that it was a CA. company and then a MN. company could void the non-compete. I think the lawyer has to look at what was signed, etc. One post showed Florida law, but that might not carry over from CA, MN, to FL. The lawyer can also tell you if in FL you are in violation, or only in you stay in MN. I would get a FED lawyer willing to work on a contingency fee.

Re: Any Attorneys on this Board
 

I'm also not an attorney but I've been involved in a few non compete cases. My guess is if your husband isn't soliciting the current active clients of his old company, they wouldn't have much to stand on. The age discrimination part is interesting. You may have a case there due primarily to the paycut and the age differences. If they cut other employees pay, it wouldn't be as obvious. I'd consult an attorney but make sure you choose one that specializes in labor relations or employee rights. I wouldn't waste my time with a general practitioner.

Re: Any Attorneys on this Board
 

Most non-competes cover a geographic area and must be pretty specific as to what is excluded. Also, it is my understanding that a non-compete cannot be so restrictive as to prevent you from working in your field.