The employee desires to be employed by the company in a capacity in which he/she may receive, contribute, or develop confidential and proprietary information. Such information is important to the future of the company and the company expects the employee to keep secret such proprietary and confidential information and not to compete with the company during his/her employment and for a reasonable period after employment.
Competition Noncompetition Within A Company In Florida
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Multi-State
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US-00046
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How to Get Around a Non-Compete in Florida Seek Legal Advice from an Attorney. Review the Agreement Carefully. Evaluate the Legitimacy of Employer Interests. Assess the Reasonableness of the Agreement. Negotiate with the Employer. Challenge the Enforceability in Court. Exploring Alternative Career Options.
Employers do not need to notarize non-compete agreements. The dated signatures of a company representative, such as a manager or HR representative, and the employee are typically sufficient.
(c) Employee name agrees not to set up in business as a direct competitor of company name within a radius of number miles of company name and location for a period of number and measure of time (e.g., “four months” or “10 years”) following the expiration or termination of this agreement.
Florida's non-compete statute specifically states that a non-compete “not supported by a legitimate business interest is unlawful and is void and unenforceable.” The meaning of what is a “legitimate business interest” has been the source of a great deal of litigation.
The Enforceability of Non-Compete Agreements in Florida In Florida, non-compete agreements are enforceable under Florida Statute 542.335, provided they are reasonable in terms of time, area, and line of business.
Non-compete agreements are considered civil contracts and violating them leads to civil penalties. If you break a non-compete agreement, your former employer may sue you for breach of contract.
Several factors can void or limit the enforceability of a non-compete agreement, including overly broad restrictions, unreasonable time frames or geographical limits, lack of consideration (such as compensation or job opportunities provided in exchange for the agreement), and violation of public policy.
Fortunately, it is unlawful for an employer to enforce non-compete agreements in California.
Non-compete agreements are considered civil contracts and violating them leads to civil penalties. If you break a non-compete agreement, your former employer may sue you for breach of contract.
