Florida Non-Compete Agreement FAQs
A non-compete agreement is a contract between a business and another business or a business and an individual in which one or both parties to the contract agree not to compete with each other.
What is a Non-Compete Agreement?
What does Florida law say about non-compete agreements?
Under Florida Statutes 542.335, "enforcement of contracts that restrict or prohibit competition during or after the term of restrictive covenants, so long as such contracts are reasonable in time, area, and line of business, is not prohibited."
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Can I have my employees sign a non-compete agreement?
Florida Non-Compete Agreement Lawyer
According to Florida Statute 542.335, a non-compete agreement enforced against a former employee, agent, or independent contractor, shall be presumed reasonable in time any restraint which is six (6) months or less in duration and unreasonable in time any restraint exceeds two (2) years in duration.
Again though, these presumptions can be overcome, but the business or worker has to prove their case.
Whether you are a business looking to draft a non-compete agreement, or an employee looking to see whether a non-compete agreement is valid, you can either give us a call at (833) 823-8529 or fill out the free consultation form below explaining what you need and we'll contact you to get started.
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Do you need help drafting or reviewing a non-compete agreement?
What type of information can be included in a non-compete agreement?
That same statute states that a non-compete agreement must pertain to a "legitimate business interest." This includes, but is not limited to:
- Trade Secrets
- Confidential or Professional Information
- Substantial relationships with prospective clients
- Substantial relationships with current clients
- Goodwill associated with trademarks, trade dress, or locations
When is a non-compete agreement unenforceable?
There are multiple ways a non-compete agreement can be considered unenforceable. For instance, if the duration of the non-compete agreement is greater than 7 years, a court will presume it to be invalid (although it is still possible to overcome that presumption).
If the geographic scope of the agreement is too large, the agreement might be unenforceable.
If the agreement is not reasonably necessary to protect the legitimate business interests, then it may be invalid.
