Hi,

I worked for a Florida High Tech Company (small broker of offshore commodities) for six months only. I never stepped foot into Florida State, as I was employed as a Regional Sls Mgr on the West Coast.

I left the company in pursuit of other non-compettive interests in June 2006. The company did owe me at least $2K in bonuses. They verbally committed that the bonus was indeed earned and would be deposited during the next payroll. It wasn't. The reason was that they "changed their mind" and decided that it didn't meet the company's bonus qualification.

I pushed the issue a little, but realize that hiring an attorney in Florida and being 3000 miles away; probably wasn't/isn't worth it (in terms of dollars).

Now, the company has decided to bring a civil suit against me for breaching my non-compete agreement with them. I didn't even remain in the same industry, let alone work for a competitor. Obviously, I can prove this. This is a game of "stick it to this guy asking for his $2K bonus check". The civil suit is a retaliation and complete misuse of our legal system. In the end, the company is likely going to say "oops" and "sorry". We thought that you were competing.

This can end up costing me thousands of dollars to defend. This civil suit is completely without merit, and whatever evidence the company thinks they have; they don't. By Florida law, is there any way to counter sue by which they must cover my attorney fees? I've read a bit about anti-SLAPP cases, but don't know if it would apply here?

Thanks so much.

Where on the west coast do you live?

What jurisdiction did the employer bring a suit against you?

In any event, I do not think this matter meets the definition of a SLAPP suit, but nonetheless if the suit is friviolous then you most certainly make a counterclaim for reasonable attorneys' fees as well as the bonus that you contened you are due.

You mentioned that in regards to the bonus alone that retaining legal counsel was not worth it, but now that you are a respondent in a civil matter is completely unwise to proceed unrepresented.

A few questions:

Do you have an employment contract with a non-compete provision or simply a non-compete? Does the document make clear which state laws shall be applicable? What state did you perform services in?

Thank you so much for replying. I reside in Washington State. The jurisdiction was Florida.

Yes, I signed a non compete contract. It was several pages long. It makes clear that Florida Law would pertain. I performed "sales" on the West Coast - never in Florida.

I simply never competed, and believe that this isn't only frivilous; it's an attack and misuse of our legal system. This guy can't legally "break my legs", but will try and "break my bank account" through legal fees. I accepted a position well outside of the industry and can prove it with employment documentation, offer letter etc.

Thanks much.

Therefore FL law will more than likely apply, although you can always make an attempt to argue a change in venue to WA.

If your new position is outside of the scope of your former employer's business, then your legal fees really should not be very much because the suit will either be withdrawn after conversation between your counsel and theirs or dismissed by the court after filing the proper pre-trial motions.

Either way, I still think you would have a strong argument for attorneys' fees if the employer filed this complain without any good faith basis in fact. A judge would not take kindly to a waste of judicial time and resources.

Assuming Florida law applies to your employment contract, F.S. 448.08 provides for attorney's fees for a successful employee suing to recover wages. So if you countersue for your bonus and win, you should get attorney's fees for at least that part of the litigation on top of the bonus.

Bonuses are typically considered "wages" for that provision.

Also, the non-compete agreement - does it contain an attorney's fee provision? If so, Florida law generally contrues those as reciprocal - meaning that if they sue you and lose, and the contract provides that they would recover attorney's fees if they win, then you should get an award of attorney's fees if you win.

Also, the non-compete agreement - does it contain an attorney's fee provision? If so, Florida law generally contrues those as reciprocal - meaning that if they sue you and lose, and the contract provides that they would recover attorney's fees if they win, then you should get an award of attorney's fees if you win.

MikeWas,

Is this statutory or can it be found in caselaw?

Thanks in advance.

MikeWas,

Is this statutory or can it be found in caselaw?

Thanks in advance.

F.S. 57.105(7) states:
If a contract contains a provision allowing attorney's fees to a party when he or she is required to take any action to enforce the contract, the court may also allow reasonable attorney's fees to the other party when that party prevails in any action, whether as plaintiff or defendant, with respect to the contract. This subsection applies to any contract entered into on or after October 1, 1988.

In my experience, the permissive "may" is generally followed by the courts. Also, since there is already a fee-shifting statute in play due to the wages issue (448.08), so it seems unlikely a prevailing employee would walk away without a fee award as well.

Quite interesting ... thanks again. :)

Thank you all so much for your feedback. It appears that the company won't settle for anything else other than litigation. I never competed and simply never contacted their customers in any way.

Your advise moving forward means a lot to me.