Florida Employee Agreement with Covenant not to Compete

State:
Multi-State
Control #:
US-OG-999
Format:
Word; 
Rich Text
Instant download

Description

This form is an employment agreement with covenant not to compete.
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  • Preview Employee Agreement with Covenant not to Compete
  • Preview Employee Agreement with Covenant not to Compete
  • Preview Employee Agreement with Covenant not to Compete
  • Preview Employee Agreement with Covenant not to Compete
  • Preview Employee Agreement with Covenant not to Compete

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FAQ

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.

Covenants not to compete are frequently enforced to prevent a former employee from soliciting his or her former customers to buy competing products or services from the new employer.

The well-known general rule is that a covenant not to compete is only enforceable if its terms are reasonable and necessary to protect the legitimate business interests of the employer.

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.

Specificity: A non-compete agreement must be specific about the activities it prohibits. Additionally, the covenant must clearly articulate what activities are considered competing and those activities must be substantially similar or related to the work the employee performed for the employer.

California law bars covenants not to compete in nearly all circumstances.

The agreement is not enforceable because the time period it covers is too long. The period considered reasonable varies by state but typically ranges from 6 months to two years. Longer agreements will likely be found invalid. The territory covered by the agreement is too large.

Some states, like Florida, have strong restrictive covenant laws codified by statute. Florida permits non-compete agreements when they are supported by one or more ?legitimate business interests? and reasonable in time and scope to protect the business. See Fla. Stat.

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Florida Employee Agreement with Covenant not to Compete