Are non-compete clauses enforceable in Florida?

The simple answer is yes. Florida statutes and courts will enforce the clause of a noncompete agreement in many cases. However, Florida law has requirements that certain noncompete agreement must follow to be enforceable (e.g., geographic area, amount of time).

How do you get around a non-compete Florida?

Proving an Employer Breached the Contract The simplest way to get out of a non-compete is by providing evidence that an employer breached the contract. In such cases, it is crucial to work with an experienced attorney to double-check the contract line-by-line.

What voids a non-compete agreement in Florida?

In general at common law, noncompete agreements were often found to be void as an improper restraint of trade. This was also the case under Florida common law,12 until the Florida Legislature statutorily set the guidelines for determining whether noncompete agreements were too restrictive.

Does a non-compete have to be paid?

It focuses on whether companies should have to pay employees for the period of a non-compete clause. For example – a company can choose to include a 6 month non-compete clause in the contract but must then pay the ex-employee a certain amount, or put them on garden leave, for that period.

How serious is a non-compete in Florida?

Under the Florida non-compete statute, you must have a legitimate business interest to justify needing a non-compete. In addition, the non-compete agreement must be reasonable in time, place, and scope of restricted business activities.

How long is a non-compete valid in Florida?

two years
In most cases, the acceptable length of time for a non-compete agreement in Florida is two years; therefore, any non-compete with a longer timeline will likely be unenforceable. In other cases, businesses attempt to enforce non-competes in geographic areas that don’t apply to applicable territories.

Can a contract say you cant work for a competitor?

This is called a ‘non-solicitation clause’. Or your contract might say you can’t do any business with former customers at all – even if they approach you. This is called a ‘non-dealing covenant’. Ask your old employer if they’ll let you ignore the limit on who you can work for.

How do you beat a non-compete agreement?

Here are five ways to beat a non-compete agreement.

1. Prove your employer is in breach of contract.
2. Prove there is no legitimate interest to enforce the non-compete agreement.
3. Prove the agreement is not for a reasonable amount of time.
4. Prove that the confidential information you had access to isn’t special.

Can I negotiate out of a non-compete?

Non-Compete Agreements: What’s Negotiable? Other key terms of a nondisclosure agreement may be open to negotiation, especially if the employer uses the same boilerplate language in every contract.