Any Attorneys on this Board

» Site Navigation
Home Page The Villages Maps The Villages Activities The Villages Clubs The Villages Book Healthcare Rentals Real Estate Section Classified Section The Villages Directory Home Improvement Site Guidelines Advertising Info Register Now Video Tutorials Frequently Asked Questions
» Newsletter Signup
» Premium Tower
» Advertisements
» Trending News
» Tower Sponsors




















» Premium Sponsors
» Banner Sponsors
» Advertisements
Closed Thread
Thread Tools
  #1  
Old 09-04-2007, 09:27 PM
nanci2539 nanci2539 is offline
Veteran member
Join Date: Jul 2007
Location: Harbor Hills Country Club
Posts: 713
Thanks: 0
Thanked 1 Time in 1 Post
Default Any Attorneys on this Board

Are non-compete agreements enforced in the state of FLA?
__________________
Tewksbury, MA<br />Naperville, IL<br />The Villages
  #2  
Old 09-06-2007, 12:40 PM
Taltarzac
Guest
Posts: n/a
Default Re: Any Attorneys on this Board

Quote:
Originally Posted by nanci2539
Are non-compete agreements enforced in the state of FLA?
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.
  #3  
Old 09-06-2007, 02:40 PM
Taltarzac
Guest
Posts: n/a
Default Re: Any Attorneys on this Board

Quote:
Originally Posted by oshunluva
what is a non-compete agreement, never heard of it? but curious.
This link covers it. The law varies from state to state though on this. http://en.wikipedia.org/wiki/Non-compete_clause
  #4  
Old 09-06-2007, 04:02 PM
nanci2539 nanci2539 is offline
Veteran member
Join Date: Jul 2007
Location: Harbor Hills Country Club
Posts: 713
Thanks: 0
Thanked 1 Time in 1 Post
Default 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!
__________________
Tewksbury, MA<br />Naperville, IL<br />The Villages
  #5  
Old 09-06-2007, 05:11 PM
codman codman is offline
Junior Member
Join Date: Sep 2007
Posts: 6
Thanks: 0
Thanked 0 Times in 0 Posts
Default 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.
  #6  
Old 09-06-2007, 07:43 PM
jjdees jjdees is offline
Veteran member
Join Date: Dec 2006
Posts: 600
Thanks: 0
Thanked 0 Times in 0 Posts
Default 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.
__________________
Cleveland Ohio, Detroit Michigan, Syracuse New York, Atlanta Georgia
  #7  
Old 09-07-2007, 11:27 PM
captain1202's Avatar
captain1202 captain1202 is offline
Senior Member
Join Date: Jul 2007
Posts: 315
Thanks: 0
Thanked 0 Times in 0 Posts
Default 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.
Closed Thread

Thread Tools

You are viewing a new design of the TOTV site. Click here to revert to the old version.

All times are GMT -5. The time now is 09:13 AM.