What is the name of your state?What is the name of your state? Florida
I have worked for an international company for 11 yrs. The US Headquarters which I work for is in Florida. I worked under a contract in 2003 that contained a non compete in the United States for 2 yrs. In Jan 2004 an email was sent to all sales staff that 2003 contracts are null and void and all sales staff must sign the new contract in 2004. I did not sign this contract but continued working for the company. On Dec 1, 2004 a new email was sent out from the director of sales stating “Because we want to start the year off with a new plan in place, please accept this as your 30 day notice to the termination of your contracts.”
Jan 1, 2004 an email was sent out with new contracts containing a non compete. On Jan 5, 2005 an email was sent from VP of sales stating if you do not sign your new contract do not come to work.
On Jan 6, 2005 I advised my current company I was resigning and may go work for a direct competitor.
The non compete –
COVENANT NOT TO COMPETE. Employee covenants and agrees that he or she shall not, during Employee’s employment and for a period of two years thereafter, whether employee’s employment is terminated by employee or company or otherwise for any reason except in the scope of employee’s employment, directly or indirectly, for any reason:
Engage anywhere in the United States in any business which directly competes with any business in which the company is engaged;
Offer any existing or prospective customers of the company, wherever located, any products or services substantially similar to or competitive with any products or services offered by company; or
Employ or solicit for employment, or assist any other person or entity in employing or soliciting for employment, any employee, agent, consultant or contractor who is or was heretofore, presently or hereinafter employed by company.
SO the Questions:
Does the email that the Director of sales sent that states all contracts are terminated help my cause?
Does the non-compete from 2003 that is worded just like above still apply?
Is this non compete too restrictive and too hard to enforce?
This company had several other employees leave and go to work for competitors and the company never enforced the non compete – does that help my cause?
Does the right to work law help me in anyway?
Can that stop me from doing the only thing I know how to do in the US for 2 years?
Is there anything I might be missing, OR am I screwed?
Any info/thoughts besides - seek a laywer - would be greatly appricated.
Thanks
MR XS
I have worked for an international company for 11 yrs. The US Headquarters which I work for is in Florida. I worked under a contract in 2003 that contained a non compete in the United States for 2 yrs. In Jan 2004 an email was sent to all sales staff that 2003 contracts are null and void and all sales staff must sign the new contract in 2004. I did not sign this contract but continued working for the company. On Dec 1, 2004 a new email was sent out from the director of sales stating “Because we want to start the year off with a new plan in place, please accept this as your 30 day notice to the termination of your contracts.”
Jan 1, 2004 an email was sent out with new contracts containing a non compete. On Jan 5, 2005 an email was sent from VP of sales stating if you do not sign your new contract do not come to work.
On Jan 6, 2005 I advised my current company I was resigning and may go work for a direct competitor.
The non compete –
COVENANT NOT TO COMPETE. Employee covenants and agrees that he or she shall not, during Employee’s employment and for a period of two years thereafter, whether employee’s employment is terminated by employee or company or otherwise for any reason except in the scope of employee’s employment, directly or indirectly, for any reason:
Engage anywhere in the United States in any business which directly competes with any business in which the company is engaged;
Offer any existing or prospective customers of the company, wherever located, any products or services substantially similar to or competitive with any products or services offered by company; or
Employ or solicit for employment, or assist any other person or entity in employing or soliciting for employment, any employee, agent, consultant or contractor who is or was heretofore, presently or hereinafter employed by company.
SO the Questions:
Does the email that the Director of sales sent that states all contracts are terminated help my cause?
Does the non-compete from 2003 that is worded just like above still apply?
Is this non compete too restrictive and too hard to enforce?
This company had several other employees leave and go to work for competitors and the company never enforced the non compete – does that help my cause?
Does the right to work law help me in anyway?
Can that stop me from doing the only thing I know how to do in the US for 2 years?
Is there anything I might be missing, OR am I screwed?
Any info/thoughts besides - seek a laywer - would be greatly appricated.
Thanks
MR XS
