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NDA/Non-Compete Florida

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  • NDA/Non-Compete Florida

    I've been employed with a company for almost 2 years, and there are rumors that they will soon be forcing everyone to sign a 2 yr (unlimited range) NDA/Non-compete.

    Can they force you to sign a non-compete? Can they force you to sign a non-compete at any time after hiring? Can they terminate me based on not signing the non-compete?

    Is it reasonable for a company to have an NDA/Non-compete with an unlimited (or at least no specified) range?

    Another issue I have, is that my education and employment background are solely in the marine industry, and the non-compete reportedly states "...will not work in the marine industry...for a period of 24 months".

    I have not yet seen the document, but the rumor-mill says this coming Monday, and the rumor-mill has failed to be wrong in quite some time.

    Thanks for lookin!

    ~Mike

    (and yes, I am researching a lawyer atm)

  • #2
    Originally posted by 95Lightning01 View Post
    Can they force you to sign a non-compete? Can they force you to sign a non-compete at any time after hiring? Can they terminate me based on not signing the non-compete?
    Yes to all questions (note that not all states will enforce non-competes and others are more than willing to invalidate parts or all of the agreement).

    Originally posted by 95Lightning01 View Post
    Is it reasonable for a company to have an NDA/Non-compete with an unlimited (or at least no specified) range?
    I seriously doubt it, for a non-compete. Non-disclosure, yes.

    Originally posted by 95Lightning01 View Post
    Another issue I have, is that my education and employment background are solely in the marine industry, and the non-compete reportedly states "...will not work in the marine industry...for a period of 24 months".
    My understanding is that courts don't like having employees effectively driven out of their occupation, as such a broad brush would do.

    You will want legal advice if and when you have a document to show an attorney. Until then, all is speculation.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      Thank you for the prompt reply!

      My main concern was the last question. A lawyer in my area will definitely be guiding me on this one...I'm not leaving my area of occupation.

      Thanks again Scott!

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      • #4
        Most courts will not enforce a non-compete where the terms are not reasonable. (overly stringent or restrictive)
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Betty,

          That is good to know, and comforting.

          I am hoping it doesn't go that far, but I'm going to make sure my bases are covered.

          Telling someone with an Ocean Engineering degree (yes, it's a real degree...haha) that they cannot work in the marine industry strikes me as *slightly* unreasonable.

          ~Mike

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          • #6
            Also keep in mind that the rumor mill usually has things anywhere from mildly askew to completely wrong. Just because rumor has it that the non-competes will be two years and unlimited doesn't mean they'll be anything of the kind.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Whoa, Joe, hold up a bit.

              The poster has heard a rumor that a non-compete is going to be required. We don't know yet if the rumor is even true, let alone what it will say if it is.

              Hold your emotions in check till we know if there's even a problem.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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              • #8
                The following links offer some good information on non-competes in Florida. While it may just be a rumor and it is certainly too soon to get up in arms about what the terms may be, it never hurts to review some general information. http://www.orlandonon-compete.com/no...nd-answers.htm

                http://floridamediationgroup.com/art...n_florida.html
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                Comment

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