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.
Florida Employee Confidentiality and Unfair Competition - Noncompetition - Agreement
State:
Multi-State
Control #:
US-00046
Format:
Word;
Rich Text
Instant download
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How to fill out Employee Confidentiality And Unfair Competition - Noncompetition - Agreement?
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FAQ
Confidentiality/non-disclosure agreements are contracts in which the employee promises not to disclose certain proprietary information, such as trade secrets. Non-compete agreements are contracts in which the employee agrees not to unfairly compete against his/her (former) employer.
You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.
Under Florida law, non-compete agreements may be enforced by the employer so long as they are reasonable with regard to time and geographical area, and protect a legitimate business interest of the employer as defined by Florida statute.
If you lack a legitimate business interest, your non-compete agreements in Florida will be void.
Under section 542.335(1)(d)(3), noncompete agreements enforced against a seller of a business are presumed reasonable if the duration is three years or less. View source.
So are noncompete agreements enforceable in Florida? The simple answer is yes. Florida statutes and courts will enforce the clause of a noncompete agreement in many cases. However, Florida law has requirements that certain noncompete agreement must follow to be enforceable (e.g., geographic area, amount of time).
Proving an Employer Breached the Contract The simplest way to get out of a non-compete is by providing evidence that an employer breached the contract. In such cases, it is crucial to work with an experienced attorney to double-check the contract line-by-line.
Florida law permits courts to enforce a non-compete by any appropriate and effective remedy. The most common remedy is an injunction. An injunction will order the employee to stop whatever conduct is violating the non-compete agreement.