Employment & Labor Law

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KEY POWER TECHNICAL INSTITUTE and MAURICO TURCIOS v. THE CDL SCHOOL, INC.

27 Fla. L. Weekly D243 (Fla. 3d DCA Jan. 23, 2002)

The court found that the record lacked sufficient evidence to establish a legitimate business interest to justify entering an injunction to enforce a non-competition agreement. According to the court, even if the record contained a basis that would have supported the entering of an injunction, the injunction was overbroad to the extent that it prohibited the corporation from hiring anyone who had worked for the plaintiff/appellee. The court further found that the trial court was in error by ruling that it would not allow the individual appellant to introduce evidence that the appellee had breached the employment contract by failing to pay the individual appellant his salary.

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