– Non-competition and non-solicitation agreements, also known as restrictive covenants, aim to protect employers from unfair competition by former employees.
– Under Florida law, restrictive covenants are enforceable if they are in writing, signed by the employee, and reasonably necessary to protect the legitimate business interests of the employer.
– Employers should be reasonable in drafting restrictive covenants, as courts rarely enforce agreements that are too broad. Barring an employee from working for a competitor anywhere in the state, for example, is likely to lead to violations and additional costs for the employer.
– Employers should also ensure that the restrictive covenants are reasonable, not overly broad, and apply for a specific period of time and geographic region. – Restrictive covenants should be reasonable, balancing employer protection and employee earning opportunities.
– Non-solicitation agreements should be clear and enforceable to prevent misunderstandings.
– Employees should carefully read and negotiate restrictive covenants before signing.
– It’s important to include all terms in the employment contract, as oral promises not in the contract may be void. – Patrick M. Causey is a civil trial lawyer representing clients in commercial matters such as breach of contract and trademark infringement litigation.
– He also represents professionals against claims of malpractice and breach of fiduciary duty.
– Patrick frequently lectures on the topic of legal malpractice at national seminars and conferences.
– He can be reached at pcausey@trenam.com for legal assistance.
Tips for Non-Competition and Non-Solicitation Agreements by Patrick M. Causey
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