Contract does not mention as the crow flies just radius.

It the non-compete clause says "radius" and the new location falls within the radius then it violates the clause. DISCLAIMER: This answer given is for general information purposes only. No attorney-client relationship exists or is intended. If you have additional questions concerning this matter you may feel free to contact me at the Law Offices of Jacob J. Linhart, P.A., (561) 632-6982 or [email protected].

I agree with the prior attorney. The only other issue that comes to mind is whether this distance is overbroad or unreasonable under FL law. You need to meet with a corporate attorney who is familiar with Florida case law speaking to this issue. Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thanks. LEGAL DISCLAIMER Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties in the state of Pennsylvania. He phone number is 215-735-2336 and his email address is listed below. Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

"50 Mile Radius" vs what? Distance you can travel in 60 minutes? The reasonable idea here is you agreed not to poach within the general sales zone. Starting in the North, and moving around the clock face (if we use downtown Ft Meyers) Arcadia, Moore Haven, Marco and Venice are your edges. Even if you reduce it to 60 minutes drive time you are covering almost the same area. I can't find anyplace where the difference is 17 miles except small areas of Pine Islands and some desolate areas around Placida. More important is the need for a non-compete. We like people to work and non-competes are only enforced for jobs or information that is unique, or work that is very specialized which has a narrow offering for the public. A nurse wouldn't be covered. A plumber? Nope, not unless it is non-solicitation of a client list. The reason for the non-compete, the distance, and the time are all relevant. 50 yards for 500 years won't work. Likewise, neither will 3000 miles for 3 months.