Non-Compete Agreements & Other Restrictive Covenants
Our attorneys devote a significant amount of our practice to non-compete litigation, representing both employees and employers with non-compete, non-solicit, confidentiality, and trade secrets issues.
Section 542.335, Florida Statutes allows for non-compete agreements – a type of restrictive covenant – in certain circumstances. These agreements are enforceable provided they are reasonable in time, area, and line of business.
Non-compete agreements must be written and signed by the party against whom they will be enforced and they must be justified by a “legitimate business interest.” A court cannot refuse to enforce a restrictive covenant on that grounds that it causes individualized economic harm or hardship.
For employers, it is important to have a lawyer draft any non-compete agreement imposed on employees. An employer who implements one without legal counsel runs the risk that it does not comply with 542.335 and is not enforceable.
For employees, it is important to have a lawyer review any non-compete agreement prior to signing one and upon termination of that employment to ensure compliance.
In the event of litigation, the employer generally seeks an injunction against the employee who they believe is in violation of the agreement. If an injunction is entered, the employee will be barred by court order from competing or otherwise breaching the non-compete agreement.
Our attorneys regularly review severance agreements and negotiate for additional severance when appropriate. There are specific disclosures that must be made in certain cases and our attorneys can make sure your agreement complies with federal and state law and adequately provides for you in the event you are laid off.
Contact Our Law Firm
Whether you are an employer seeking to draft a non-compete, an employer seeking to enforce a non-compete, an employee seeking review of a non-compete, an employee in need of guidance to ensure compliance with a non-compete, or an employee in need of counsel to defend a lawsuit, the attorneys at Kwall Barack Nadeau PLLC will assist you.
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