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Non Compete Clause - Florida

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  • Non Compete Clause - Florida

    I work for a privately owned Real Estate firm. They hired me to work as a manager of a department working with foreclosures. All employees working for the company must sign a non compete acknowledgement. However, the acknowledge was created and presented to some of us three or four months after being hired. The acknowledgement is effective during the term of the employees employment with the company and two years after termination.

    This is a overview of the Non Compete Acknowledgement:

    It states that the employee can't have any involvement with direct or indirect, financial or otherwise, whether as an investor, employee director, etc (other than a holder of less than two percent of the outstanding shares of a publicly held company) or consultant in any business which has any of its activies in the U.S. in the business of mortgage purchase or service, real estate transactions related to any property subject to foreclosure or otherwise discovered as a result of the employee's service to the company.

    My question: A few years ago prior to me working for this company, I purchased a program for creative mortgage transactions and now my business license is active. I made my employer aware of this. However, since I've signed the non compete acknowledgement, I've had nothing but a hard time. Please keep in mind the creative mortgage transactions have nothing to do with any foreclosures nor was these transactions discovered as a result of my employment with the company. It was discovered three years prior to my employment with this company. It has been 6 months now since the acknowledgement was signed and I have been working for the firm a little over a year now.
    At this time, I feel that my job is at risk due to my honestly. Without any notice, they transferred me to another department and placed me on a three month probationary period, once again. I feel that they are trying to make me resign.

    Please advise me as to my rights with this issue. Is this discrimination?

    Last edited by justiceisnice; 09-16-2006, 11:58 AM.

  • #2
    It is not discrimination. Or at least nothing in your post suggests you are being treated differently based on race, gender, age, etc..

    However, I have serious doubts that the non-compete is enforceable. First, you were "asked" to sign it after you began employment. Generally speaking continued employment is not valid consideration. Second, the clause as referenced appears to be overly broad.

    I am not familiar with FL law, so it will be in your best interest to show the document to an attorney.


    • #3
      Non Compete Clause

      Thanks RJC:

      I really appreciate your opinion. You are right. How could this acknowledgement be valid months after you have began employment. As you indicated, I should seek an attorney for further advice.

      Thanks again