Florida Employee Noncompete (Noncompetition) Agreement
Description
How to fill out Employee Noncompete (Noncompetition) Agreement?
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FAQ
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.
Talk to an Employment Attorney Today An employment attorney in Florida can help you draft effective and enforceable non-compete agreements with your employees. Or if your employee has violated a non-compete agreement, an attorney can help you seek an injunction.
If you lack a legitimate business interest, your non-compete agreements in Florida will be void.
So are non competes legal in Florida? Yes, if they are appropriately limited. Under the Florida non-compete statute, you must have a legitimate business interest to justify needing a non-compete. In addition, the non-compete agreement must be reasonable in time, place, and scope of restricted business activities.
So are non-competes enforceable in Florida? In most circumstances, the answer is yes. Florida law recognizes the validity of a non-compete clause. Florida businesses can reach agreements with their employees limiting the employees' ability to compete with the business for a certain period of time.
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.
In most cases, the acceptable length of time for a non-compete agreement in Florida is two years; therefore, any non-compete with a longer timeline will likely be unenforceable. In other cases, businesses attempt to enforce non-competes in geographic areas that don't apply to applicable territories.
