Florida Non-Compete Contract Preparation and Review
If you are an employer in Florida offering a non-compete agreement to your employee, you must be diligent in spelling out the terms of the contract, line by line and to the letter of the law, addressing such issues as;
- Term of contract
- Geographical Areas
- Other obligations or terms enforceable under the law
Enforcing a Non Compete Against an Employee in Florida
If you are a Florida employer who wants to enforce a non-compete agreement against an employee, it is best to hire a skilled labor Lawyer in Tampa Bay, Florida who has experience drafting, reviewing and litigating problems with non-compete agreements.
If an employee prevails in any non-compete lawsuit between you, it is possible that you will be compensating them with money damages, fees and costs. Employees who feel wronged or who are limited by their non-compete provision, but who have the resources to litigate the case can often times limit or even eliminate the provisions of the agreement. As with any legally binding agreement between two parties, proper preparation of the original non-compete agreement offers more protection should problems arise.
Should You Sign a Non-Compete Agreement from Your Employer?
If you have been presented with a non-compete contract from your employer it is crucial to understand the future ramifications it may hold should you sign it. Remember, in Florida non-compete clauses are enforceable by both parties. If you have been presented with a non-compete agreement by your employer it is wise to seek the advice of a lawyer before you sign. If you are feeling forced into signing an agreement or by not doing so it has cost you your job, contact Lubliner Law Firm in Tampa, Florida for a free consultation.
Enforcement of a Non Compete Agreement Against Your Employer
If you are unsure about whether your non-compete is enforceable, can be limited or eliminated entirely, it is wise to consult with a Tampa, Florida non-compete lawyer. If you are considering terminating your employment and you have a non-compete agreement in place, the best thing to do is get advice from an experienced Tampa Bay employment attorney before you leave your job to avoid any lawsuits that could be brought against you.
There have been amendments since the original statute of the Florida Anti Trust Act so enforceability will start with when you entered into your agreement. The 1996 amendment retained much of the same from previous statutes and the case law. The 1996 statute specifically requires the covenant to be in writing and signed by the defendant. There are also time requirements that must be met. Restrictions of six months or less against a former employee who is competing with their employer is presumed reasonable. Any restriction of more than two years is presumed unreasonable. Any duration to protect trade secrets exceeding 10 years are generally unreasonable unless evidence can be provided to dispute it. Sometimes, employers will present similar agreements such as confidentiality agreements or intellectual property agreements which still serve to restrain the employee in some way, and are still enforceable under the appropriate circumstances
Lubliner Law Firm is dedicated and proficient in Florida contract law. Please contact us for information or to schedule a consultation about the preparation, review or disputes with non-compete clauses or Anti Trust law and negotiations between stockholders or if you are selling a Florida business.
To learn more about what the courts may consider with regards to contract law, please contact the Lubliner Law Firm Tampa, Florida online or call us today at (813) 381-5670.