Florida Non Compete Agreements

Non-compete agreements are commonly observed as valid in Florida courts.

The non-compete agreement is a written contract, between a worker and his place of employment. In it, the employee promises to take no action which may be harmful to the interest of his current employer. The agreement is designed to secure an employer from the risks of an employee divulging sensitive information to industry rivals. In Florida, non-compete agreements are widely enforced and an entire industry of litigation is built upon the support of such legal instruments.

Function

The non-compete agreement prevents a former employee from offering any competitive advantage to future employers by releasing confidential information. Some activities that may be called into question are those that divulge confidential strategies, corporate secrets or sensitive material such as client/reference directories, business practices or marketing plans.

Client Loyalty

In the field of medicine, the non-compete agreement is commonly employed to protect a company's client base. For some people, the doctor/patient relationship is a personal one. Therefore, when a doctor leaves a medical facility to establish a private practice, many of the facility's customers may choose to go with him. A non-compete clause, however, can prevent a doctor from moving his former clients or soliciting others from his previous place of employment.

Duration

Non-compete agreements have a time limitation for which they are legally applicable. Licensed Florida attorney Christine Elizabeth Pejot contends that, "Generally, Florida courts presume a restriction of six months or less reasonable." However, the terms of a non-compete agreement can last for as long as two years. Beyond that, the contract is invalid.

Reasonability

Information that is no longer relevant to a company's interests is not restricted by the contract. Additionally, non-compete agreements are not always geographically universal and an employee may sometimes work freely in an area where her former employer does not operate. An article published in the "Florida Bar Journal," states that, "Contracts in restraint of trade are unlawful and unenforceable."

References

• Florida BAr Journal: Business is Business
• Broward County Bar Association: Non-Compete Agreements
• Employee Rights Center: Non-Compete Agreements

Resources

• Christine Elizabeth Pejot: Non-Compete Agreements in Florida