Lounge Legal Advice - Elberto's non-compete edition

So I've looked over my non-compete in detail for the first time. Here are the highlights I can tell.

-It's 1 year
-90 mile radius drawn around the 5 operating locations of this company that it is effective in(4 of them are in Florida, 1 is in GA)
-It seems more concerned with me poaching current employees from them than stealing customers

The key - there is 0 mention of "if the employee is terminated..." So it doesn't address if there is a difference whether I leave voluntarily or involuntarily. The state of Florida rules apply to this document.

So...what applies? The non-compete would make it extremely difficult for me to get a job in my industry in this area. It would force me to move if it is enforceable because my expertise is so narrow.

Is it still binding? If I didn't honor it would it stand up in court? Or would it be one of those things where they threaten and threaten but drop it if it did make it to a courtroom?

Let's all you Johnnie Cochrane's step up and show me what you got.

Posted: 11/01/2017 at 10:50AM

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Lounge Legal Advice - Elberto's non-compete edition -- ElbertoHokie 11/01/2017 10:50AM

I've never heard of a non-complete that was enforcible if the employee ... -- Hokie in CT 11/01/2017 4:00PM

Happens every day. Some states won't allow it (Maryland), but most do ** -- ModerateHokie 11/01/2017 10:05PM

Also extremely difficult to enforce if your field is one of narrow -- Tafkam Hokie 11/01/2017 6:38PM

Everything is negotiable- ask for more severance ** -- bigbadbird 11/01/2017 1:08PM

That ship has sailed, he was escorted out of the building before his vacay ** -- fordham 11/01/2017 2:37PM

If you didn't quit, the clause ain't worth a... -- MP4VT2004 11/01/2017 12:45PM

The thing about non-competes is the employer has to want to -- fordham 11/01/2017 11:12AM

My understanding is that non-competes aren't really enforced -- HokieDan95 11/01/2017 11:08AM

Generalizations like this are useless. Especially on a state-specific issue -- ModerateHokie 11/01/2017 10:08PM

Generally NOT having the termination is a good thing for the employee -- turkeywinghokie 11/01/2017 11:04AM

Termination reason given was "it's not working out." -- ElbertoHokie 11/01/2017 11:09AM

Also, did they bring up the non-compete upon termination or just you? ** -- turkeywinghokie 11/01/2017 11:57AM

Boss said someone would be in contact with me about the non-compete. -- ElbertoHokie 11/01/2017 12:49PM

Then just keep going -- turkeywinghokie 11/01/2017 3:21PM

What I read was the problem is if the former company just send a letter to -- 48zip 11/01/2017 11:07AM

My research last week said it's still valid if fired. They key to good -- 48zip 11/01/2017 11:00AM

Answer us one question -- Nova Hokie 95 11/01/2017 10:57AM

It wouldn't. I was in operations. I made the goods. -- ElbertoHokie 11/01/2017 11:07AM

Would you be able to advise on their potential bid perhaps? -- Nova Hokie 95 11/01/2017 11:16AM

Yes I know costs and margins. ** -- ElbertoHokie 11/01/2017 11:18AM

Here's one explanation I found online -- Nova Hokie 95 11/01/2017 11:24AM

Tell them to go pound sand. -- 48zip 11/01/2017 11:08AM

No, don't have any contact with them and don't antagonize them -- fordham 11/01/2017 11:14AM

Mine was a joke. -- 48zip 11/01/2017 11:20AM

Oh, sand mining? just go to the beach with a bucket ** -- fordham 11/01/2017 11:26AM

Key employees, contacts, clients or trade secrets come to mind. -- 48zip 11/01/2017 11:02AM

Sometimes living in ND is a good thing. -- Naelbis 11/01/2017 12:40PM

Lounge Legal Advice - Elberto's non-compete edition

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