Non-Compete Agreements

Non-Compete Agreements

Non-Compete Agreements generally are contracts between an employer and employer whereby the employee agrees that for a specific period of time after separation from work he or she will not engage in future employment in the same or similar industry in a defined geographic area. It is a common misconception that Non-Compete Agreements (NCA) are generally unenforceable and that the courts do not like to restrain the right of the individual to make a living and freely compete in the marketplace. However, under Florida law, a reasonably written NCA is presumed to be enforceable, and the former employee must prove circumstances that warrant voiding the NCA or modifying it to make it least restrictive. It is always wise for an employee to have an attorney review an NCA prior to signing, but if that time has passed, and you have separated from work, seek the advice of a lawyer prior to engaging in competition with your former employer. If you are an employer, it is vital you seek counsel to make sure a proposed NCA complies with Florida law, and fully protects the intellectual property interests of your business.