Restrictive Covenant For Contract Work In Florida
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FAQ
Therefore, enforceable non-compete agreements in Florida do exist, but they must meet specific criteria: Reasonable Timeframe: Typically, one to two years is considered reasonable, but the exact duration depends on the ownership interest, industry, the specific business, and other factors.
There may be terms in your contract that says you can't work for a competitor or have contact with customers for a period of time after you leave the company. These are called 'restrictive covenants'. Your company could take you to court if you breach the restrictive covenants in your contract.
Ing to Florida case law, any non-compete provision which mandates that an employee is barred from working within a 100-mile radius of their previous employer, or which requires a 2-year cooling off period before returning to work in that field, is unenforceable unless the employer can show that it has a ...
These agreements may be included in employment contracts, and they may restrict an employee's ability to work for a competitor or start their own competing business after leaving their employer.
Check your contract A non-compete clause is a period of time that prevents you from working for a competitor or having contact with former clients once you have left the company. It is worth checking if either applies to you because if you breach them, your former employer may be able to take you to court.
What voids a non-compete agreement in Florida? A non-compete agreement in Florida is voidable if it is unreasonable in geographic scope, length of time, or type of business it restricts.
Florida Statute § 542.335(1)(g)(2) provides that a court:may consider as a defense the fact that the person seeking enforcement no longer continues in business in the area or line of business that is the subject of the action to enforce the restrictive covenant only if such discontinuance of business is not the result ...
Florida statutes require that "the person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant." Fla. Stat. § 542.335(1)(b).
There may be terms in your contract that says you can't work for a competitor or have contact with customers for a period of time after you leave the company. These are called 'restrictive covenants'. Your company could take you to court if you breach the restrictive covenants in your contract.
(1) Notwithstanding s. 542.18 and subsection (2), 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.
