Website design By BotEap.comUnder Florida law, non-compete agreements are considered trade restrictions and are interpreted strictly in accordance with our statutes. Non-compete agreements must be considered to support them and must be reasonable in their geographic scope and time limits.

Website design By BotEap.comConsideration

Website design By BotEap.comThe consideration for not competing can be the job, if it is entered at the beginning of the job, otherwise, they generally should have some other consideration, such as an increase in salary or a bonus.

Website design By BotEap.comSanity

Website design By BotEap.comWhether non-competition is reasonable in its geographical and temporal scope depends on the specific situation and the interests that must be protected. When writing a non-compete for a business client, I generally include factual explanations of the reasoning for these limitations to guide a court later and improve the applicability of the document.

Website design By BotEap.comHow does your non-competition affect you?

Website design By BotEap.comSo if you have a non-compete and have left that job, it depends on the language of the agreement and the particular circumstances of the situation as to what you can and cannot do. For example, if there was a written employment contract and the employer violated that contract, the non-competition linked to it may not be enforceable. However, if there was no such agreement and you resign, then the non-competition may be enforceable as long as it has had the required consideration and its limitations are reasonable.

Website design By BotEap.comHow Non-Competition Agreements Are Enforced

Website design By BotEap.comWhether the limitations on a non-competition are reasonable is generally a factual determination for a judge. For this reason, the non-competition agreements drawn up by the author have the agreed facts incorporated into the document. Without that, the enforcing employer must generally provide separate evidence to prove reasonableness, unless specifically deemed reasonable by law.

Website design By BotEap.comAgreements that limit future employment for one year or less and are generally automatically reasonable. Those that are between one and two years after employment are usually enforced. Agreements that go beyond two years after employment are subject to review by our courts. That is not to say that an employer cannot have a five-year non-compete, it is just that there has to be a legally valid reason to impose such a restriction on a former employee.

Website design By BotEap.comNon-compete agreements can also be temporarily suspended if violated. A series of cases in Florida determined that if a party subject to valid non-compete violates the agreement, the employer is not getting the full benefit of the limitation during the breach, so while this continues, the limitations are generally suspended until non-compliance stops. . The non-competition then restarts from that point until it runs its course.

Website design By BotEap.comWhat you can and cannot do depends on the agreement you signed and the particular circumstances. Non-compete agreements can also be married to non-disclosure and non-solicitation agreements that will also restrict the use of knowledge acquired during employment. Non-disclosure and non-solicitation agreements are not subject to the same limitations as non-compete agreements and are often much more extensive, as they are designed to protect private company information.

Website design By BotEap.comResume

Website design By BotEap.comThe best thing to do is consult with a Board certified expert in business litigation or labor and employment law before you, as an employee, take actions that may hold you liable or before you, as an employer, submit a contract of no competition or no competition. -Disclosure to an employee to sign. You can easily find these experts through the Florida Bar or local Bar Associations such as the Palm Beach County Bar Association.

Website design By BotEap.comAs an employer, if you suspect that a former employee subject to non-compete, non-solicitation, or nondisclosure is violating the agreement, your best initial action is to consult with a Board-certified expert in business or employment litigation. and labor law. You need to know your rights and how the legal process enforces these agreements.

Website design By BotEap.comWhat you don’t want to do is draft these important documents on your own only to find out later that they can’t be enforced, allowing your former employee to freely compete with your business armed with the knowledge and experience your business brought them. . Be smart, plan ahead, and consult with a Florida Bar certified expert in commercial litigation.