Many employers have employees execute non-compete agreements prior to hire. It is important that employees have such documents reviewed prior to executing them. Far too often, employees execute such documents during the “on-boarding” process to only find-out later that such agreements limit their future employment opportunities.
In Florida such agreements are generally governed by Florida Statute § 542.335. The following requirements must be present for the agreement to be valid:
- The agreement must be in writing;
- It must be signed by the employee;
- It must be reasonable in time;
- It must be reasonable in area;
- It must be reasonable in line of business;
- It must be supported a legitimate business interest;
- If being enforced by a third-party beneficiary, the contract must expressly state that the contract was intended for the benefit of such third party;
- If being enforced by an assignee or successor, the contract musy expressly authorize enforcement by a party’s assignee or successor.
Non-compete agreements should not be executed without an employee fully understanding the implications. If you have been presented with a non-compete agreement, please contact the employment lawyers at LaBar & Adams, P.A. in Orlando at 407-835-8968 or fill-out the online form located on our website.