Is Your Non-Compete Nonsense?

As our clients know, LaBar & Adams, P.A. takes representing employees extremely seriously and always attempts to right the wrongs suffered by our clients. Whether it is one of the cases we have certified as a class on behalf of employees owed unpaid overtime or obtaining a $1,212,270.00 verdict and judgment for a group of employees, LaBar& Adams pursues the justice our clients deserve.

What many people do not know is that LaBar & Adams also represents employees regarding their non-compete agreements.? ?With regards to employees and employers, the phrase “non-compete agreement” typically encompasses contracts that can do anyone or all of the following three things.? First, such contracts can typically restrict an employee from working for a competitor of the employer for a period of time.? Second, such contracts can typically restrict an employee from soliciting the employer’s customers and/or clients for a period of time.? Finally, such contracts can typically restrict an employee from soliciting the employer’s employees for a period of time.?

In Florida, non-compete agreements are also known as restrictive covenants and are governed by Florida Statue § 542.335.? Generally, for an employer to enforce a non-compete agreement it must demonstrate: (1) the agreement is in writing; (2) signed by the employee; (3) supported by a legitimate business interest; (4) reasonable in geographical scope; and (5) reasonable in time.? There are many specific inquires that must be made in analyzing each of the foregoing elements.? For example, can an employer meet the “in writing” requirement even though it does not presently have a physical copy of the agreement but attempts to prove the existence of such an agreement by extrinsic evidence?? What is a "legitimate business interest" and is the agreement supported by one? These and many other questions should be explored by an experienced employment attorney. ???

If you or someone you know has questions regarding their non-compete agreement, please contact the employment lawyers at LaBar & Adams, P.A. at 407-835-8968 or?www.labaradams.com.