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Non-Compete Agreements
According to the Bureau of Labor Statistics, employees in the United States with a college degree hold an average of 11 different jobs between the ages of 18 and 42.(1) This may help explain why many employers require employees to sign non-compete agreements. Non-compete agreements pose many complex legal questions in the state of Florida for both employers and employees. In Palm Beach County, including the cities of Boca Raton, Jupiter, Wellington and West Palm Beach, non-compete lawyers offer legal advice and assistance to help with your particular situation. Florida is one of the few states that permit enforcement of non-competes. Our firm can assist you in determining whether your non-compete is valid and enforceable and whether there are defenses.
The law applying to non-compete agreements was amended in 1996. However, agreements entered into before that time may still be enforceable. Florida’s Anti-Trust Act states that restraining trade by contract, conspiracy or combination is unlawful.(2) However, amendments made by the Florida Legislature further explain how non-compete agreements should be enforced in the state.
Florida law permits restrictive covenants like non-compete agreements. However, employers must justify those restrictions for one or more of the following legitimate business interests:(3)
What is a Non-Compete Agreement?
A non-compete agreement protects an employer’s legitimate business interests. Employers devote time and money to training employees and must trust employees with confidential information, including trade secrets. A reasonable non-compete agreement protects an employer’s interests by including reasonable restrictions, but must allow the employee reasonable opportunity to work at another place of employment should that employee leave the company.
Protecting Employers and Employees
The law applying to non-compete agreements was amended in 1996. However, agreements entered into before that time may still be enforceable. Florida’s Anti-Trust Act states that restraining trade by contract, conspiracy or combination is unlawful.(2) However, amendments made by the Florida Legislature further explain how non-compete agreements should be enforced in the state.
Florida law permits restrictive covenants like non-compete agreements. However, employers must justify those restrictions for one or more of the following legitimate business interests:(3)
- Trade secrets (as defined by statute)
- Confidential business or professional information of value not meeting the definition of a trade secret
- Substantial relationships with specified existing or potential customers, patients or clients
- Specialized or extraordinary training provided to employee
- Goodwill of customers, patients or clients relating to: trademarks and related issues and specified geographic or marketing areas
Courts may prevent an employer from enforcing the terms of a non-compete agreement if the employer engages in unlawful activity. Examples may include illegal discrimination, breach of contract, illegal conduct by the employer or requesting the employee to engage in illegal conduct.(4) Consult with non-compete attorneys in Palm Beach County for advice on your particular situation.
Courts will not enforce non-compete agreements simply because an employee leaves to seek other employment. In addition, any geographic restrictions must be proven necessary, as they may make it more difficult for an employee to find work. Courts generally view restrictions in a non-compete agreement lasting more than two years as unreasonable.(5)
Cathleen Scott & Associates advises clients concerning non-compete agreements in Palm Beach County, including the cities of Boca Raton, Jupiter, Wellington, West Palm Beach and other areas.
Non-Compete Agreements Must Be Reasonable
Courts will not enforce non-compete agreements simply because an employee leaves to seek other employment. In addition, any geographic restrictions must be proven necessary, as they may make it more difficult for an employee to find work. Courts generally view restrictions in a non-compete agreement lasting more than two years as unreasonable.(5)
Cathleen Scott & Associates advises clients concerning non-compete agreements in Palm Beach County, including the cities of Boca Raton, Jupiter, Wellington, West Palm Beach and other areas.
1-Alison Lobron, Commonwealth Magazine, Free Labor Market:
http://www.commonwealthmagazine.org/Investigations/What-Works/2009/Summer/A-ban-on-noncompete-agreements-is-promoted-as-a-way-to-foster-innovation.aspx
2-2010 Florida Statutes, Section 542.18:
www.flsenate.gov/laws/statutes/2010/542.18
3,4,5-Florida Senate, 2010 Florida Statutes, Section 542.335:
www.flsenate.gov/laws/statutes/2010/542.335




