non-compete agreement

[cjmitchell]

my husband works for a computer tech company in Florida that is providing services for a major bank. The employees have been asked to sign a non-compete that specifically lists any location of the bank as somewhere they cannot work as well as competing computer companies. Will this be enforceable since technically a computer company does not compete with a bank? Also they have been told that their next paycheck will be held until the signed agreement is received. Can they do this legally?

Thank You

 

[mbalvarez]

non-compete

you really should have a fl attorney read this NC for you.

 

[Elliotg]

Under Fl law an employer can not refuse to pay for work already performed. The employer must pay even if he refuses to sign the noncompete clause. However, his refusal may sour his relationship with the the employer. Can he afford this risk?

Regarding the noncompete clause, if it is overly restrictive a court may strike it. However, its impossible to know for sure. An attorney should review the whole employment contract.

You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee.

Good Luck, Elliot Jay Goldstein (offices in Tampa and St. Petersburg)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.

[Edited by Elliotg on 07-14-2001 at 02:12 PM]