Enforceable Non-Compete Agreements in Florida
Prohibiting Unfair Competition in Business
Best Practices to Ensure the Validity of a Non-Compete Agreement
Non-compete agreements can prevent unfair competition. Every business owner should consider the benefits of having a non-compete agreement. Florida law requires non-compete agreements to be in writing and signed by both parties. These documents will be under judicial scrutiny if a dispute arises. A non-compete agreement should be carefully drafted and customized by an experienced business law attorney knowledgeable in a specific industry and an employee’s role in the company. The conditions of the document should be reasonable in terms of geographical area and time frame.
In addition, it should not impose an undue hardship on an employee, such as making them unemployable in their field. An employer should recognize that an employee needs time to seek legal counsel to review the agreement before a signature is required. Buyers of a business should make sure that the established non-compete documents for employees include a provision that allows the assignment of the agreement to the purchaser of a business.
We Protect the Rights of Employers and Employees
At Downer Law, we have extensive experience drafting non-compete agreements for companies and reviewing these documents for employees. We have represented countless employers and employees in claims regarding violations of non-compete agreements. These are complex cases, proving claims or defending against claims that restraint is necessary to protect a legitimate business interest. The strength of a non-compete agreement depends on the employer’s consistency to enforce it and the document meeting specific standards.