Non-Compete

What is the name of your state? Florida

I have a non-compete with a past employee. The employee opened a company that directly competes with my company. He even solicited customers and is doing business with them.

What are the laws that I can enforce to stop this direct contract violation?

There is no way to know how to answer your question if we can't read the contract. However, answer a few questions.

1. How long ago did the employee leave?
2. For how long was the non-compete?
3. What is the distance required in the non-compete?
4. How can you prove the ex-employee is 'stealing' customers?

And the most important question of all..... Is your non-compete 'contract' valid??
You should look at the Florida Code, 542.335 at:
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0542/titl0542.htm

I also suggest you read the information (from page 11 to 26) at:
http://www.rkmc.com/covenants_not_to_compete.pdf

(1)The employee left four months ago and opened his own corporation. Called the clients he had access to and told them our phone numbers changed. He did this with an ex business partner who is now on the run from the law for failure to appear in court for his fourth dui.

(2)The non-compete is valid for 1 year.

(3)The territory was for two counties we predominantly had clients in SW Florida.

(4)I can prove he has his own business and the some of the clients I have re-contacted have stated that he is doing their payroll.

What I want to know is this a criminal case, can he do time for violating a contract? Or is this a civil case that if I win I get to hope he pays me retribution?

If there is no protection, how do I prevent other employees from doing the same thing?

atennimon said:

What I want to know is this a criminal case, can he do time for violating a contract?

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No. This is purely a civil matter.

If there is no protection, how do I prevent other employees from doing the same thing?

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You get a local attorney to draw up a valid employment contract.