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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 must expressly state that the contract was intended for the benefit of such third party;
  8. 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. 

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