Employment Discrimination Lawyers and Labor Law Lawyers

employment law florida- non compete?

My question is a little confusing. I was registered with a temp agency, "A". A assigned me to one of their clients, Company B. "B" asked the temp agency workers to sign a Non-Compete Agreement to not work for Company B's competitors for stated amount of time and distance. I signed the non-compete for Company B to keep my job. As an employee of Company A, assigned as temp labor to company B, is this a valid legal agreement? All of my paychecks came from Company A and I was for all intent and purpose an employee of Company A, not Company B. With the experience with company B on my resume, I have been contacted by local competitors of Company B. I have turned down interviews because I am afraid of Company B trying to sue me (Yes, they would sue or at least threaten. There was a lawsuit against one of Company B's own employees for N.C. violation while I was there as a temp) Should I accept these interviews? Does company B have a leg to stand on as I was not a direct employee of Comp. B?

First and foremost, you need to check the documents given to you by Agency A. They usually state that you are an employee of Agency A and are bound by their rules.

Non-competes are signed by employees to prevent them, primarily, from bringing their expertise to the competition. Since you were not an employee of Company B when you signed it (but rather an employee of Agency A), I'd say it's null. However, I'd bring this to the attention of the agency. If their clients are asking the Agency's employees to sign non-competes, I think it may create a conflict of interest somewhere.

You can always double check with an attorney. Most states have a bar association (check the yellow pages) that will answer questions for little or no money.

Who Should Use A Non-Compete Agreement

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This entry was posted on Sunday, March 15th, 2009 at 4:59 pm and is filed under Employment Law Firms. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.