A non-compete agreement is a promise by an employee not to compete with his or her employer for a specified time in a particular place. The agreement may cover such actions, among others, as opening a competiting business or using customer information for business leads.
Florida Noncompetition Agreement Between Employee and Company
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How to fill out Noncompetition Agreement Between Employee And Company?
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If you lack a legitimate business interest, your non-compete agreements in Florida will be void.
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.
Many employees think that, just because an employer forced them to sign the agreement or be fired, that they are not bound by a non-compete agreement. That's just not true. Continued employment is valid consideration for a non-compete agreement in Florida. Florida statutes presume that non-compete agreements are valid.
Non-compete agreements are typically considered enforceable if they: Have reasonable time restrictions (generally less than one year) Are limited to a certain geographic area (specific cities or counties, rather than entire states)
- The two most common settings for legitimate non-competition agreements are the sale of a business and an employment relationship. When a non-compete agreement is ancillary to the sale of a business, it is enforceable if reasonable in time, geographic area, and scope of activity.
Here are five ways to beat a non-compete agreement.Prove your employer is in breach of contract.Prove there is no legitimate interest to enforce the non-compete agreement.Prove the agreement is not for a reasonable amount of time.Prove that the confidential information you had access to isn't special.More items...
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
compete clause cannot itself prevent an employee from breaching their employment contract, but it does provide an employer with legally enforceable rights against the employee.