Foreign Independent Contractor Agreement With Non Compete Clause In Broward
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Yes, if you have signed one with your employer. However, non-compete clauses are operable only for a reasonable period of time only even if the clause mentions otherwise.
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.
As previously reported (Dentons Alert), the US Federal Trade Commission (“FTC”) issued a regulation earlier this year that effectively bans most non-competes for employees and independent contractors (the “FTC Rule”). The effective date of the FTC Rule is September 4, 2024.
Certainly, even if they have an NCA, some employers will not come after you if you go to work for a competitor. And some will fold their cards if you firmly but politely decline to sign an NCA. They will hire you anyway.
Even workers labeled as “independent contractors”—who should have the freedom to work for multiple clients—are often required to sign non-competes that limit where they can work. Employers often present non-competes as a “take it or leave it” contract, forcing workers either to sign or forego employment.
Non-compete Agreements in Florida Typical non-compete restrictions include but are not limited to, limitations on a former employee's right to: Work for an employer's competitor. Start a competing business. Solicit clients or resources that belong to the employer, including other employees or contractors.
Any restrictive covenant not supported by a legitimate business interest is unlawful and is void and unenforceable.
Florida Statutes §542.335 (1) provides that the “enforcement of contracts that restrict or prohibit competition during or after the term of restrictive covenants, so long as such contracts are reasonable in time, area, and line of business, is not prohibited.”
Florida Courts Generally Enforce Non-Compete Agreements As a general rule, Florida courts will enforce non-compete agreements that employers have their employees sign as a condition of employment. This is true even when the only alternative to signing the agreement is to decline employment.
