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Non Compete

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reside in florida.
I am a appliance delivery and installation contractor. I signed a non compete with a company.
the non compete reads. if for any reason the terms of this contract are terminated and/or during the course of this contract, the independent contractor will not directly or indirectly, as owner, officer, employee, consultant, stockholder, or independant contractor engage in the business of making deliveries to any know client of the company, without the express written permission of the company, for a period of no less than 2 years from the date of termination.

there is a similair company which has come into town and is actively taking control of the deliveries formely held by the company I contracted with.

Is this binding ? can i contract with the new company ?
can they control who i contract with ?
i have a right to work !



Non compete clause

Non compete clauses are valid if they are reasonable in the restrictions. 2 years is a common term for such a clause, and unless there is some special reason why the 2 year period is inappropriate, it is probably reasonable and therefore valid. Restricting you to stay away from known clients without express written permission also sounds very reasonable.

There is no sure thing in a situation like this, so it is possible that you could take the new job and win a law suit; however, in my opinion the clause is valid and you would lose the suit.

You have a right to work, but also you have a right to make contracts, and an obligation to abide by them.

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