A non-compete clause protects an employer`s legitimate business interests, but it can feel like it`s punishing you, the employee. A non-compete clause can make it incredibly difficult for you to find another meaningful job in your area of expertise and expertise. Burnett Law, P.A., may investigate other possible defenses against non-compete obligations. For example, courts may examine whether the obligation of non-competition is contrary to public policy and whether public policy significantly outweighs the needs of the undertaking in terms of the protection of its interests. In addition, the courts may consider any impact that the application of such a non-compete obligation would have on the health, safety or well-being of the public. However, the courts may not take into account the economic difficulties which may affect the person against whom the execution of the covenant is sought. Any restrictive agreement must be contained in a written contract and signed by the person against whom performance is sought. If you are currently employed and have signed a non-competition clause, or if an employer is now asking you to sign one, it is important that you know the terms of the agreement. It`s also important to know what defenses you have in place if the agreement causes you problems as soon as you leave your employer. Contact our experienced Florida non-compete lawyers today. In today`s business world, knowledge is a valuable asset. The information employees have in mind, such as trade secrets, customer data, and specialized training, can give their employers a distinct advantage over the competition. Employers are increasingly relying on non-compete obligations to ensure that the knowledge and skills they take with them do not give an unfair advantage to competition when employees leave.

Although non-performance agreements are quite common in employment contracts, they can be difficult to enforce. Every lawyer in Cantrell Zwetsch has attended one of the top 10 law schools or graduated in the top 10% of their legal class. In addition, the lawyer responsible for representing each client has been active in commercial proceedings for many years, with professional experience ranging from non-compete obligations, work claims and executive compensation to shareholder derivatives, securities, business divorces and whistleblowers. Despite our references, we ultimately judge ourselves by the results and satisfaction of our customers. Discover our team here and our customers` feedback here. Whether a non-compete obligation is reasonable or too broad is a question of fact, not of law. A non-compete obligation may be too broad if it contains conditions that are not reasonably necessary to protect the legitimate commercial interest. For example, it may contain provisions that prevent an employee from working in a number of industries, even if they are not directly affiliated with the company that wants to enforce the agreement. If your region is highly competitive, a non-compete clause may well be necessary. However, you can`t be expected to avoid a particular job area or geographic area forever.

So how long is too long? Most Florida courts won`t enforce agreements longer than two years, but there are longer time restrictions. For obvious reasons, it is also crucial that the employer indicates which places are covered by the non-compete obligation. Not all states allow enforcement of the Non-Competition Act, but Florida is one of the few to do so. If you have questions about an agreement that an employer should sign on your behalf, or if your former employer prevents you from looking for the job you want, fill out the form or call Florida Non-Compete Lawyers at Scott • Wagner and Associates in Jupiter, Florida. We advise and represent people in their situation. Many employers require employees to enter into non-compete obligations as a condition of employment. Non-compete obligations are intended to prevent individuals from competing with an employer after dismissal. We have built a reputation as « lawyers » because of our discretion on sensitive matters and the number of Florida professionals referred to us, including lawyers, physicians and other professionals, as well as senior executives. We have extensive experience in virtually every industry.

Are you an employer? Learn more about what you need to know about what to consider when creating and implementing employer bans in Florida. Non-compete obligations are an important part of the current business environment. The restrictions that such agreements impose on workers are necessary to ensure that competing undertakings do not gain an unfair advantage in the market. For example, an officer of an enterprise without non-compete obligations would be able to « sell » valuable trade secrets acquired in that enterprise to the competitor who would be willing to pay the highest price for them. In another situation, a company may have paid for special training for an employee, only to see that the employee brings their newly acquired skills to a competitor shortly after completing that training. A non-compete obligation is a restrictive agreement that sets limits on where and where a current or former employee can work. Such an agreement may, for example, provide that a worker may not work for a particular sector of the economy in a given geographical area and for a certain period after leaving his place of work. Although any employee may be required to sign a non-compete agreement under their employment contract, it is most often used for officers and employees who have access to confidential information about the company.

For example, companies often argue that their customer lists are a trade secret that deserves to be protected by a non-compete obligation. However, customer lists aren`t always as secretive as they`d have you believe. With the amount of information made available to the public on the Internet, most of the information in a customer list could easily be obtained from anyone else. It is up to the employer to defend the reasons for its non-compete obligation. Similarly, poaching bans are intended to prevent individuals from recruiting customers or customers or other employees. In Florida, non-compete obligations and restrictive agreements can be enforceable. However, for enforcement to be successful, non-compete obligations must, inter alia, be properly drafted and proportionate in terms of duration and scope. We are available to assist employers and business owners in Southwest Florida in preparing for and/or enforcing non-compete obligations and restrictive agreements. The onus is on the employer to prove that the restriction contained in the non-compete agreement is reasonably necessary to protect its legitimate commercial interest. Just because you have already signed the agreement does not mean that all hope is lost. As you can see, the terms of the agreement may not be enforceable, but that`s not your only defense.

Courts may prevent an employer from enforcing the terms of a non-compete obligation if the employer engages in an illegal activity. Examples may include unlawful discrimination, breach of contract, illegal behaviour by the employer, or encouraging the employee to engage in illegal behaviour. Let our non-competing lawyers in Florida help you. We have extensive experience in representing employees and contractors in non-compete obligations, employment contracts and exit agreements. Whether before, during or after the employment relationship, we are at your disposal to advise you, negotiate for you, defend or enforce the contractual clauses and restrictive agreements arising from the employment relationship. We are at your disposal for advice, preparation of documents and disputes. In disputes over non-compete obligations, employers and employees may choose to take their case to court or negotiate an agreement outside the tribunal. Going to court carries a certain risk. For example, the party who loses the case may be ordered to pay the other party`s attorney`s fees. Even if a judge agrees that part of a non-compete obligation is inappropriate, this does not necessarily mean that the non-compete obligation in its entirety will be considered null and void and unenforceable. Instead, a court can amend an existing non-compete obligation to bring it into compliance with the law.

Despite the risks, there are situations where the process may be in the best interest of an employee or employer. If the employer proves in court that there is a legitimate business interest justifying the non-compete obligation, the burden of proof lies with the employees to prove that non-compete claims should be granted in their favour because the agreement is too broad, restricts the employee for too long or covers a geographical area too large to be reasonable. .