Tampa Non-Compete Enforcement Attorney
It is not uncommon for employers to require their workers to sign a non-compete agreement, or a broader contract that includes a non-compete clause. Non-compete agreements are written contracts in which an employer offers an employee work in exchange for their promise not to work in the same industry as the employer, or for their competitor after employment with the current business ends.
Many states do not uphold or enforce non-compete agreements, but Florida is not one of them. As long as these contracts meet certain requirements, the courts will enforce them. Below, our Tampa non-compete enforcement attorney explains in greater detail.
Requirements on Non-Compete Agreements in Tampa
Non-compete agreements can greatly limit an employee’s ability to work and earn an honest living. As such, there are certain requirements the law has placed on them in order to be enforceable. These are as follows:
- Time: Under Florida law, there is a presumption that a non-compete that lasts for six months is reasonable. On the other hand, any non-compete agreement that extends for two years or more is generally considered to be unreasonable. The term of a non-compete agreement is the amount of time an employee must comply with the non-compete agreement.
- Area: Non-compete agreements must also be limited to a certain geographical area. The geographical area included in the non-compete must also be locations where the business operates. For example, unless the business operates on a national level, a non-compete that encompasses the entire country likely would not be enforced.
- Legitimate business interests: To enforce a non-compete agreement, employers must show that it is necessary to protect legitimate business interests. These can include trade secrets, significant relationships with potential or existing customers, client goodwill, valuable information not considered a trade secret, and specialized training.
How to Enforce Non-Compete Agreements
To enforce a non-compete agreement, the employer must petition the court, essentially asking a judge to issue an order of enforcement. Under the Florida Statutes, judges can only take the above factors into consideration. If the agreement is not unreasonable in the scope of area, time, and legitimate business interests, the court will likely uphold and enforce the contract.
Under state law, judges are prohibited from considering certain factors. These include any hardship the employee is experiencing due to the non-compete agreement. For example, if an employee argued that the non-compete was making it difficult for them to pay their bills, the court cannot take that into consideration if the terms within the contract are reasonable.
Call Our Non-Compete Enforcement Attorney in Tampa Today
If a former employee has violated a non-compete agreement, it is possible to enforce it in Florida. However, you should not do it on your own. At BBDG Law, our Tampa non-compete enforcement attorney can review the facts of your case, as well as the agreement, and prepare a strong case that will protect the rights and interests of your business. Call us now at (813) 221-3759 or fill out our online form to schedule a consultation and to get the legal help you need.