This form is a Complaint for an Injunction and Other Relief. The plaintiff asked the court to issue an order enjoining the defendant from further violation of a covenant not to compete in the relevant area. The plaintiff also requests that damages be paid to him/her to compensate for the violation of the covenant.
Florida Complaint for Injunction - Covenant not to compete
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State:
Multi-State
Control #:
US-CMP-10058
Format:
Word;
Rich Text
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FAQ
Florida courts will not enforce a non-compete clause that does not have time, geographic area and activity restrictions. Such an agreement will be deemed unreasonable. For instance, a non-compete agreement that bars an employee from working for your competitor for six months or one year may be termed as reasonable.
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.
If its terms are unreasonable Florida courts will not enforce a non-compete clause that does not have time, geographic area and activity restrictions. Such an agreement will be deemed unreasonable.
Generally, non-compete agreements in Florida must last for a ?reasonable? amount of time. This can last for six months to as long as two years. There is no set timelines to which these agreements must adhere, so the courts determine reasonableness on a case-by-case basis.
California law bars covenants not to compete in nearly all circumstances. In Edwards v. Arthur Anderson, the California Supreme Court determined that the law should be read strictly, and not only void the ?unreasonable? noncompete clause, but all noncompete clauses other than those explicitly allowed in the code.
Non-compete agreements are legally enforceable in Florida. They are deemed valid restraints on trade as long as all legal requirements are met. That being said, Florida law does look at non-compete contracts with some general skepticism.
An attorney can advise you on its likelihood of being upheld by a court. The reality is that some non-compete agreements are legally valid?and thus legally binding?in Florida. If your non-compete agreement is valid, then the only way to get out of it early is through negotiation with the other party.
In California, it's illegal to enforce non-compete agreements that put limits on an employee's future job prospects. ing to California Business and Professions Code Section 16600, any contract that restricts an individual from ?engaging in a lawful profession, trade, or business? is null and void.
