Is My Florida Non-Compete Agreement Enforceable?

Non-compete agreements are a valuable way for employers to protect trade secrets, preserve confidential business information, and safeguard client relationships. However, for the agreement to provide these benefits, it must be enforceable. 

Read on to learn about enforceable non-compete agreements in Florida

What is a Non-Compete Agreement?

A non-compete agreement is designed to prevent employees from competing with the employer after the employment period is over. This type of agreement helps businesses retain employees by prohibiting them from using work experience for the benefit of a business competitor. It may also prohibit employees from working in the same profession for a certain period after the termination of their employment. 

Non-compete agreements help protect:

  • Confidential business information
  • The employer’s trade secrets
  • Valuable client relationships and accounts

Enforceable Non-Compete Agreements in Florida

To be enforceable in the state of Florida, non-compete agreements must be “reasonable in time, area, and line of business”. A court generally considers the following restrictions to be reasonable:

  • A time period of up to 2 years 
  • A geographic area covering where the employer conducts business

To enforce a non-compete agreement, the employer must typically provide a valid, statutorily defined, and protectable business interest or trade secret(s). The employer must also prove that the employee’s use of the business interest or trade secret created unfair competition. 

How to Enforce a Non-Compete Agreement

If you believe that an employee or former employee violated the terms of a non-compete agreement, the first step is to consult an attorney. You may then work with your attorney to file a lawsuit, legally enforce the non-compete agreement, and require the employee to adhere to its terms. 

Consulting an experienced attorney before creating a non-compete agreement can ensure that it’s enforceable in Florida. If you’re looking to create or enforce a non-compete agreement, schedule a consultation with the experienced attorneys at Weldon & Rothman, PL today.