Switch to ADA Accessible Theme Switch to ADA Accessible Theme
Close Menu
Tampa Business Litigation Attorneys / Tampa Restrictive Covenant Attorney

Tampa Restrictive Covenant Attorney

More employers today are requiring their employees to sign restrictive covenants. Restrictive covenants are legal contracts that restrict the post-employment activities of an employee. There are a number of different types of restrictive covenants but contrary to what many people in Florida think, they are all enforceable so long as they are fair and properly executed. Our Tampa restrictive covenant attorney can draft the documents your business needs, or help you fight back against an unfair agreement.

Types of Restrictive Covenants

There are many different types of restrictive covenants employers require their employees to sign. These include:

  • Confidentiality provisions: These are typically included in employment agreements. Confidentiality provisions prohibit the use and disclosure of information that is confidential to a company or its clients.
  • Non-solicitation agreements: Non-solicitation agreements prohibit existing or former employees from soliciting current employees or clients from a business for a specific period of time.
  • Non-compete agreements: Non-compete agreements are considered to be the most restrictive covenants. These legal contracts prohibit employees from working for a business in direct competition with another. Non-compete agreements must contain a reasonable timeframe and a limited geographical area.

Enforcing Restrictive Covenants

Generally speaking, Florida will uphold and enforce restrictive covenants. However, they must be reasonable in nature. A court will likely find that a restrictive covenant is reasonable if the following apply:

  • It is necessary to protect the legitimate business interests of the company,
  • The location in the document is reasonable, as it coincides with the same location where the company does the majority of its business,
  • The length of time is reasonable which, in Florida, generally means no longer than two years,
  • The agreement does not place an unreasonable burden on the employee, and
  • The agreement is not harmful to the public.

Restrictive Covenants and Legitimate Business Interests

It is true that restrictive covenants are generally upheld in the Florida courts. However, employers must prove certain elements of their case. One of the main elements they must prove is that the restrictive covenant is necessary to protect the legitimate business interests of the company. These may include:

  • Confidential and proprietary information,
  • Trade secrets,
  • Customer relationships and contact information,
  • Customer business operations, and
  • Specialized or extraordinary employee training

Typically, the greater the effort and resources an employer has expended to develop and protect the above business interests, the greater chance there is that a court will enforce the restrictive covenant. Courts may take other factors into consideration as well, including the circumstances of the employee’s departure, the length of employment, and the employee’s position.

Our Restrictive Covenant Attorney in Tampa Can Help with Your Case

Whether you are an employer who needs to draft legal documents to protect your business, or you are an employee who needs to fight back against a restrictive covenant, you need sound legal advice. At BBDG Law, our Tampa restrictive covenant attorney can provide it so your rights are protected. Call us today at (813) 221-3759 or fill out our online form to schedule a consultation and to learn more.