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Under Florida law, a non-compete agreement may be enforced by the employer so long as they are reasonable with regard to time and geographical area, and protect a legitimate business interest of the employer, as defined by Florida statute.

Restrictions of up to two years and covering areas where the employer transacts actual business will generally be considered reasonable by a court. A court has the authority to modify the non-compete or no competition agreement when the alteration will impose more reasonable restrictions.

Florida Employment Law Attorney Defense Claims

Generally, enforcement of a non-compete agreements occurs when an employee or former employee has used the business interest of another in such a way as to result in unfair competition. Such as wrongfully taking an employer’s customer lists, exposing confidential information, revealing proprietary information, taking or revealing trade secrets, or soliciting customers using information taken from the employer without permission. Non-competes may also be enforced where the employee has been given extraordinary or specialized training by the employer.

Florida courts have generally been reluctant to enforce non-competes where the employee has not taken and is not using any confidential or proprietary information that would result in unfair competition.

Does all this sound a bit daunting?

Don’t worry. We can help.

Our South Florida non-compete defense attorneys serve clients in Palm Beach County, Broward County, Miami Dade County, and throughout Florida.   We also research and draft non-compete agreements in Florida for businesses.

We enforce non compete agreements in Florida.

If you need assistance enforcing a non-competition agreement in Florida, or have been served with a claim for breach of contract based on an agreement not to compete in Florida please contact us.

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