Fort Lauderdale Noncompete Agreement Lawyers
Experienced Employment Law Counsel in South Florida
While noncompete agreements serve an important purpose in preventing unfair competition, those with unduly restrictive terms can limit legitimate business and prevent employees from using their valuable experience to earn an honest living.
At The Amlong Firm, we offer extensive experience in employment law and thus know how to protect professionals and other employees from noncompete agreements with illegal terms or unfair constraints. We also know when to tell you as a client that, under your contract, you cannot do what you want to do without risking substantial damages and attorney's fees.
Noncompete Agreements in Florida
Noncompete agreements are written contracts between employers and employees that may or may not be enforceable in the state of Florida, depending on the circumstances. These contracts are entered into to prevent current and former employees from competing against their employers when they leave to take on new positions, whether those positions involve working for a competitor or starting one’s own new enterprise in the same market. Such an agreement prevents such employees from recruiting workers to leave the company with them, from passing on trade or operational secrets, stealing client or customer lists, or passing on or using other information concerning their former employer’s company once they have moved on.
Noncompete agreements generally contain such details as:
- The date on which the agreement will go into effect
- The reason for the agreement
- Specific dates and locations where the employee will be prohibited from competing
- The compensation the employee will receive for agreeing to the terms and conditions of the agreement
Noncompete agreements are vital tools used to protect employers' trade secrets, intellectual property, and customer data but a difference exists between effective agreement and an unenforceable intrusion into individual rights.
Florida Law Regarding Noncompete Agreements
Section 542.335 of the Florida Statutes covers the enforceability of noncompete agreements in the state. Under this law, the primary standard for whether or not such an agreement can be enforced is its “reasonableness.” The basic requirement to meet enforceability is a reasonable necessity for protecting the business interest of the company trying to enforce it. In general, time restrictions of up to two years and locations where the company actually conducts business may be considered reasonable by Florida courts. However, the enforceability of any agreement is decided on a case-by-case basis reviewing the individual facts and circumstances.
How Our Fort Lauderdale Noncompete Agreement Attorneys Can Help
Our legal team has an in-depth understanding of federal and state employment law and can carefully review any proposed noncompete agreement to determine whether the restrictions are fair.
When our clients are being unfairly restricted, we vigorously challenge noncompete agreements that fail to meet legal standards due to:
- Lack of justifiable business reasons for the restrictions
- Unreasonable restrictions on the scope of an employee's potential employment; over-broad definition of competitors
- Unreasonable restrictions on the length of time the employee is prohibited from competing
- Unduly harsh penalties for breach of contract
We have experience with the drafting, review, and litigation of employee and business contracts, including confidentiality agreements, employment termination and severance agreements, independent contractor agreements, and mergers and acquisitions contracts.
As trial lawyers who know the law, we know how to develop compelling legal arguments and are skilled at digging up and marshalling facts. Our opponents know we are prepared to protect our clients' interests in court; thus, we obtain settlements that are generally better than those obtained by lawyers with reputations for being less prepared or reluctant to try cases.
Before you sign a noncompete agreement, we will carefully review the contract to make sure the terms are valid and that you understand all aspects of such an agreement. If you find your career held back by an unfairly limiting covenant not to compete, we are ready to challenge it on your behalf or to give you a realistic assessment of your options.