1. Referral sources can be considered a protectable business interest under Florida’s non-compete statute.
2. The Court provided guidance on which types of business assets can justify enforcing non-compete or non-solicit agreements in all industries.
3. The Florida non-compete law requires companies to show that they have one or more legitimate business interests in enforcing the restrictive covenant.
4. The statute includes categories of protectable business interests, such as trade secrets, confidential information, relationships with customers, customer goodwill, and specialized training. 1. The marketing representatives signed non-compete agreements that prohibited them from soliciting their respective home healthcare companies’ referral sources for one year post-employment.
2. Referral sources are crucial in the home healthcare industry, as they tell patients which companies to use.
3. The marketing representatives left to work for competing home healthcare companies and successfully solicited referral sources they had previously cultivated on behalf of their former employers, breaching the non-compete agreements.
4. The marketing representatives argued that their former employers did not have a legitimate business interest in preventing them from soliciting referral sources. 1. The Florida Supreme Court ruled that referral sources can be considered a legitimate business interest under Florida’s non-compete statute.
2. The enforceability of non-compete or non-solicit agreements depends on the specific facts and circumstances of each case.
3. The ruling applies to the home healthcare industry, making it harder for employees to challenge non-compete and non-solicit agreements that prohibit the solicitation of referral sources. – Cantrell Astbury Kranz, P.A. focuses on non-compete and unfair competition disputes, employment law, and business disputes in Florida and Georgia.
– The firm specializes in employment litigation and counseling, non-competes, shareholder and partnership disputes, unpaid commissions and bonuses, financial services and ERISA, overtime and misclassification, discrimination and harassment, whistleblower and retaliation, and deceptive business practices.
– They provide legal services for clients in cities such as St. Petersburg, Tampa, Clearwater, Orlando, Miami, and Atlanta. – Breach of contract is a common issue in business disputes.
– Cantrell Astbury Kranz, P.A. handles partnership disputes and provides legal assistance to both franchisors and franchisees.
– The firm also specializes in securities and FINRA matters, defamation, libel, and slander cases, as well as sexual harassment claims.
– They also provide legal support for non-compete agreements and employee mobility issues, unpaid commissions and bonuses, discrimination, harassment, and retaliation matters, as well as Family and Medical Leave Act disputes.
– Cantrell Astbury Kranz, P.A. offers services related to executive compensation and has a strong litigation practice with recent successes in resolving claims.
Florida Supreme Court Provides Clarity on Healthcare Industry Non-Compete Agreements
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