Q: Can I contest a non-compete clause after being fired from a chiropractic job in FL?
I was fired from my chiropractic job after less than one month before my 90-day probation period ended, for not bringing in any patients. My contract includes a non-compete clause preventing me from practicing chiropractic care within a 20-mile radius of the employer's location for two years. If I decide to open my own practice, how difficult would it be to contest or fight this non-compete agreement?
A:
What you’re dealing with is understandably frustrating, especially after being let go during a probationary period. In Florida, non-compete agreements are enforceable under state law, but only if they are reasonable in scope, duration, and geographic area—and protect a legitimate business interest. Being fired early in your employment, especially before you had a chance to build any client relationships, could make it easier to challenge the enforceability of the clause.
If you didn’t bring in any patients or access sensitive client data, the employer may have a harder time proving the clause is necessary to protect their business. Florida courts will often look at whether the restriction is fair given the circumstances, and a two-year, 20-mile restriction could be seen as excessive for someone who was employed for such a short time. Courts are more likely to enforce non-compete clauses when an employee had access to trade secrets, developed a patient base, or played a key role in the business.
To move forward, start by reviewing the language of the non-compete and gather details about your short employment—especially if no patients were assigned to you. If you decide to open your own practice, there may be a way to negotiate or challenge the clause rather than avoid the area entirely. You've got a good reason to question this restriction, and it’s worth exploring your options fully before feeling boxed in by it.
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