How enforceable are non competes in Florida?
Under Florida law, non-compete agreements may be enforced by the employer so long as they are reasonable with regard to time and geographical area, and protect a legitimate business interest of the employer as defined by Florida statute.
How do you get around a non-compete in Florida?
If you’re leaving a job and you have a non-compete, the best thing to do is get advice from an employment attorney before you leave. A written agreement with the new employer to defend you and to pay you even if you can’t perform particular services if a court issues aninjunction will protect you.
How long can a non-compete agreement last in Florida?
In most instances, a non-compete agreement that restricts an employee for two years is allowed. In all cases, if challenged, the employer will have to prove that the time period is reasonable.
Is Florida a non compete state?
In short, the answer is yes. Florida law permits non-compete agreements, known as restrictive covenants, as long as they are reasonable in time and scope.
Can you fight a Florida non-compete agreement?
Florida statutes presume that non-compete agreements are valid. That doesn’t mean you can’t get out of yours if you’re willing to fight. What usually happens is the employer sends a letter to the employee and the new employer, threatens to sue both, and the employee gets fired from their new job, even where they told the new employer about the non-compete.
Does a Florida non compete agreement enforceable?
While the facts of each case may vary, the short answer is that under Florida law a non-compete agreement is enforceable in an at-will employment scenario, despite the fact that the agreement was signed by the employee long after the employee’s hire date.
Can you enforce your non-compete clause?
While an employer may be able to enforce a non-compete clause as long as it has a legitimate business interest as a reason for enforcement, you may have defenses. Similarly, if you have been asked to sign a non-compete agreement or other restrictive covenant, it is wise to consult with an employment lawyer prior to signing.