Non-Compete Agreement

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:

  1. The agreement must be in writing
  2. It must be signed by the employee
  3. It must be reasonable in time
  4. It must be reasonable in area
  5. It must be reasonable in line of business
  6. It must be supported a legitimate business interest
  7. If being enforced by a third-party beneficiary, the contract expressly states that the contract was intended for the benefit of such third party
  8. If being enforced by an assignee of successor, the contract expressly authorizes 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. 

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