1. Non-compete, non-solicitation, and other restrictive covenant agreements are valid under Florida law.
2. These agreements must be reasonable in time, area, and line of business, and must be signed by the person against whom enforcement is sought.
3. The person seeking enforcement must prove the existence of legitimate business interests justifying the restrictive covenant, such as trade secrets, confidential information, customer relationships, goodwill, or specialized training.
4. Non-compete or other restrictive covenant agreements must be reasonable in terms of length of time and geographic restrictions, tailored to the specific industry and business location. 1. When receiving a cease-and-desist letter about a Florida non-compete agreement, it is recommended to hire an attorney, preserve evidence, and provide a detailed response. Ignoring the letter may result in the sender assuming there is no defense.
2. An employer in Florida can refuse to provide a copy of a non-compete agreement and still enforce it, as long as the agreement is in writing and signed by the person against whom enforcement is sought.
3. A Florida employer can generally enforce a non-compete agreement against a former employee, regardless of the reason for termination. However, if the employer breached the contract or terminated the employee for an unlawful reason, it may provide a defense for the former employee.
4. A non-compete agreement in Florida can still be enforced even if it prevents someone from working or covers a large area. A court may modify the agreement by narrowing the geographic scope or reducing the duration if it is found to be unreasonable or overbroad. 6. A Florida non-compete agreement can be enforced, even if it is signed after the employment begins, as long as it is supported by consideration.
7. It may be possible to renegotiate the terms of a non-compete agreement informally, especially during exit negotiations with the former employer.
8. Violating a non-compete agreement in Florida can result in being sued for damages and a court injunction, and may also lead to legal fees and damages payment to the former employer.
9. Non-compete agreements are enforceable against independent contractors in Florida, as long as they meet the statutory criteria. Independent contractors should also verify their classification with an attorney. 1. When asked to sign a non-compete agreement, individuals should request time to review the agreement and consider seeking legal advice.
2. If an employer does not allow an employee to have an attorney review a non-compete agreement, the employee should insist on the right to do so.
3. In Florida, employees can be fired for refusing to sign a non-compete agreement, as employment is considered “at-will.”
4. Employers in Florida can require a non-compete agreement as part of a severance package, and employees should consider the value of severance benefits compared to the limitations imposed by a non-compete agreement. – The former employee should speak with a Florida non-compete attorney immediately to assess the enforceability of the non-compete agreement.
– A cease-and-desist letter may gain compliance, but it may be necessary to file a lawsuit to force the employee to abide by the agreement.
– It is important to act quickly, as waiting too long may result in a court not issuing an injunction to stop the violation. – Breach of contract and partnership disputes are common business disputes handled by Cantrell Astbury Kranz, P.A.
– The firm also deals with franchisor-franchisee disputes, securities and FINRA matters, and cases involving defamation, libel, and slander.
– Cantrell Astbury Kranz, P.A. provides legal representation for cases related to sexual harassment, non-competes, unpaid commissions, discrimination, and executive compensation.
– The firm has a structured practice group system with senior attorneys that are trial tested and subject matter experts in serious personal injury, commercial litigation, and employment law.
– Cantrell Astbury Kranz, P.A. has achieved recent successes in resolving claims and recovering damages for their clients.
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