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I recently signed on to work for a Florida company that provides physical therapy services to Skilled Nursing Facilities in Florida. I was not told about their non-compete clause and did not sign a document indicating I was aware of it. I did, however, sign a document saying I had received their employee manual which I thought was amongst the paperwork they had sent me to sign. However, it was not. Based on this info, can they enforce their non-compete clause?
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Well, if you didn’t sign the non-compete agreement, then, no, it would be a stretch to enforce it against you since you aren’t a party to any agreement. That said, it sounds like the company put the non-compete in the handbook or as part of a bulk paperwork of policies when you signed on and probably has a bunch of legalese that you agree you’ve read, reviewed, etc. etc. and that you agree to everything. If this is the case and the non-compete is part of it, then, yes, it is probably enforceable (at least in a general sense). As to whether it would hold up in court, that’s an answer that can only be given after review of the substance. Now, this is a general answer. If you are considering leaving this position in a manner that would violate the non-compete, take all of the paperwork to an attorney and discuss everything in confidence. With the actual documents in hand, the attorney can give you a more direct answer as to whether you are facing any liability and potential strength/weakness of your legal position.
Answered on Feb 14th, 2014 at 4:21 PM