Non-Compete
Non-Compete Clauses or Agreements
Non-compete agreements, which are common for some companies as a condition of employment, can be tough. Non-compete agreements are intended to prohibit individuals from competing with an employer after employment has ended. However, non-compete agreements are not always enforced by our courts. Non-compete agreements must be reasonable both in time and scope. In addition, there are a number of possible defenses to non-compete cases that can be asserted depending on the particular circumstances of the case.
The Law Offices of Archibald J. Thomas, III, P.A. is often called upon to review non-compete agreements on behalf of current or former employees. These agreements are often signed upon the commencement of employment. Sometimes however the employer will require an employee to sign a non-compete agreement at some point after the employment has commenced. Regardless of when the agreement is signed, the concern about non-compete agreements does not often arise until the employee leaves employment or is considering the possibility of leaving.
Non-compete agreements can vary from state to state. It is important to determine the law of the state that applies to the non-compete agreement. In the state of Florida, the courts generally will not enforce a non-compete agreement unless the employer can establish a legitimate business interest. Florida law provides that any of the following can be protected as legitimate business interests:
- Protecting trade secrets
- Maintaining valuable confidential business or professional information
- Preserving relationships with specific prospective or existing customers, patients, or clients;
- Defending goodwill associated with an ongoing business or professional practice, by way of a trademark, geographic location or marketing/trade area;
- Maximizing investment in extraordinary or specialized training
However, establishing a legitimate business interest will depend on the specific factual circumstances involved. Many non-compete agreements will also include non-solicitation clauses prohibiting employees from soliciting former clients or customers or from soliciting former employees. These clauses at least in the state of Florida are generally upheld as long as the time period is considered reasonable. Non-compete agreements are common in some industries, universal in other industries, and unusual in yet other industries.
The Law Offices of Archibald J. Thomas, III, P.A. has reviewed a variety of non-compete agreements for professionals such as physicians and for company officers and other employees particularly those involved in sales or production. Our attorneys can review non-compete agreements and advise you as to your options, and we can also deal directly with the employer or former employer in an effort to negotiate changes or modifications. In addition, we are often retained to represent employees in litigation brought against them by their former employer for alleged violations of non-compete agreements. We are experienced in handling this type of litigation and in advising our clients regarding the approach that is best suited to the client’s purpose or interest. Please contact our Non-Compete Attorneys if you need help with any legal issue relating to non-compete agreements, non-solicitation clauses, or confidential information or trade secrets.
