Non compete question

[b0ggwrath]

Jurisdiction

Florida

So I had a non compete contract with a former employer. I left, got a job with a corporation in the same field. Not quite a competitor but in the same field dealing with the same customers etc. When my former employer found out they threatened to sue my new company. The new companies lawyers basically told him Florida is a right to work state and to bring it on, he backed down. Now I know that's not quite true or wouldn't hold up in court for the most part.
The contract was for 2 years , which I'm out of now and have no non compete with the new company.

Now I want to start my own company directly competing with my original employer. My potential business partner is still under contract with this employer. I plan on staying employed at my current job while getting the new company on its feet.
Since I deal with all of the same customers at my current job is my business partners contract valid since everything and everyone he knows that's protected under the contract I know as well through my current employment?
It's not like we plan on going around and stealing all of his customers but it will happen from time to time.

 

[mightymoose]

It seems to me your partner may find some expensive legal troubles ahead if he pursues this with you.
Your current employer may not appreciate your effort to compete with the company either. You may not have a contract prohibiting your actions, but you could be risking your job.

 

[cbg]

Florida is, in fact, a right to work state. However, it's lucky for you that no one involved with the situation appears to know what that means since it's entirely irrelevant to your situation - right to work means that you cannot be required to join a union to get work. Got nothing to do with non-competes or employment at will (which I suspect is what your new employer's lawyer meant).

 

[zddoodah]

I had a non compete contract with a former employer. I left, got a job with a corporation in the same field. Not quite a competitor but in the same field dealing with the same customers etc. When my former employer found out they threatened to sue my new company. The new companies lawyers basically told him Florida is a right to work state and to bring it on

Just so you know, if that's really what your new employer's lawyers told your former employer, then those lawyers are morons. "Right to work" is a term that means nothing more than that an employee cannot be forced to join a labor union as a condition of employment. It has nothing to do with non-compete agreements.

is my business partners contract valid since everything and everyone he knows that's protected under the contract I know as well through my current employment?

No one here can speak intelligently about your partner's non-compete agreement because we have no ability to read it (and, to the best of my knowledge, no one who posts here regularly is a Florida attorney). What I can tell you is that the extent of your knowledge has zero relevance to the "validity" of his contract.

The two of you would be extremely foolish to proceed without seeking advice from a local attorney.

 

[b0ggwrath]

Like I said, I know the "right to work" statement isn't valid and obviously we will sit down with an attorney I'm just looking for a general idea or advice. If I'm not mistaken the contract protects your customer base and to be able to bring up a law suit he would have to be able to prove damages like we stole some of his customers. I met with an attorney 2 years ago when we were both under this contract and he basically told us we could start the business and be safe from a law suit as long as we didn't touch any of his customers for 2 years because there would be no damages to him. So really what I'm wondering is if I've found a loophole being as I'm employed in the industry and deal with all of the same customers. So basically they aren't his customers, they are mine as well. My current employer wouldn't have any issues with what I'm doing, they are aware in a sense. This business would in no way affect, cause any loss or be in competition with my current employer. I'm not looking for an exact answer , or set in stone legal advice just a simple opinion on my situation.

 

[army judge]

I'm not looking for an exact answer , or set in stone legal advice just a simple opinion on my situation.

Any opinion given to you by anonymous people (or a Russian bot) would be worthless.

If you want to avoid issues later, consult a couple attorneys in your county and ask a few questions.

Most attorneys will meet with a potential client for FREE initially where the person can ask questions and get legitimate answers relative to the jurisdiction in question.

 

[zddoodah]

obviously we will sit down with an attorney

It's not obvious. People post here all the time in the apparent belief that anonymous strangers on the internet can resolve complex legal issues.

I'm just looking for a general idea or advice.

Again, the question you asked was whether your "business partners [sic] contract [is or isn't] valid since everything and everyone he knows that's protected under the contract [you] know as well through [your] current employment?" As I already told you, the extent of your knowledge has no relevance to the validity of his contract. Beyond that, as I also explained, no one here can opine intelligently about the legal effect of a contract we haven't read and have not ability to read.

I'm not looking for an exact answer , or set in stone legal advice just a simple opinion on my situation.

If all you want is an uninformed opinion from an anonymous stranger on the internet, you might as well simply flip a coin. It will be about as useful -- especially since you intend to consult with an attorney who will have the ability to read the contract and who does practice in Florida.

 

[b0ggwrath]

Does anyone here ever just give a reasonable response? Going through other threads and seeing the responses I've got on mine it seems all anyone does is pick apart your question than tell you to see an attorney. If I took anyone's advice off an online forum and made a huge decision in my life based off of it I'd be a complete idiot. I just simply wanted to see some opinions from people, that's it no big deal. Is that not what forums are for?

Any opinion given to you by anonymous people (or a Russian bot) would be worthless.

Than what's the point of this forum? If I'm the one posting the question than obviously the opinion is worth something to me whether I agree with it or not. That's what forums are for. It's just curiosity. Like I said, I will be sitting down with an attorney.

Again, the question you asked was whether your "business partners [sic] contract [is or isn't] valid since everything and everyone he knows that's protected under the contract [you] know as well through [your] current employment?" As I already told you, the extent of your knowledge has no relevance to the validity of his contract. Beyond that, as I also explained, no one here can opine intelligently about the legal effect of a contract we haven't read and have not ability to read.

You completely contradict yourself here. Your telling me to listen to what you already told me but than follow up by saying nobody here can give me an intelligent answer. I'm not looking for an intelligent answer, I've been very clear about that.

It's not obvious. People post here all the time in the apparent belief that anonymous strangers on the internet can resolve complex legal issues.

It is obvious because I said it. So your telling me people post legal questions in a legal forum looking for opinions?....isn't that the point?

I just wanted some simple feedback on my situation, Hear other peoples opinions so when I do go talk to an attorney I might have more questions etc. You are all so quick to dissect people's questions in a confrontational manner.

 

[cbg]

There are limits to what a message board can do. Interpreting an agreement we have not read is beyond those limits.