How do I go about nullifying a business contract?

Question

I work as a travel nurse in California (i'm a Ca. resident), and took an assignment at a Ca. hospital but it was through a staffing agency out of Florida.

The contract with the Company in Florida had a "non-compete"

clause, which I have since heard is not enforcible in California.

The Florida company is threatening to sue me for breaking this, and I need to find a quick way to nullify the contract before it ends-up in a Florida court. I am having much difficulty finding a lawyer to pick it up, and I need to act quickly before I'm sued. What are my options? Can I get this nullified without a lawyer? Is that part of the contract already null and void since it is not in keeping with California state law, but was signed by me in California and I worked in California? All help appreciated!!!

Answer 1

I am not a lawyer nor do I play one in real life - but I hate non-competes in general so here is what I can tell you.

1.  It depends on what the contracts says.  The fact that they are in FL and you are in CA does not in and of itself void anything from my limited experience.

2.  Generally non-competes that are extremely vague are less enforceable.  They typically have to be limited to a type of company, specific companies or within a certain distance – they cannot put something so vague that it prevents you from working or making a living

3.  To untangle this or nullify you need someone to look at the contract itself – what does it say about ending the contract, how much notice, etc.

4.  It can be enforced in some cases – a specific thought would be if you took a job at Hospital X through the staffing company and then wanted to go to work at Hospital X directly – in this case they might be a able to enforce this as you are damaging them by eliminating the middleman.  If this is the case, read the contract and see if there is a period under which you cannot do this or after which you or the hospital can buy them out

5.  My best suggestion – understand what the contract says, why they wrote this and then try to negotiate a way out, using a strong fist behind you that says that the contract is likely invalid already or unenforceable