Florida Post-Employment Restrictions on Competition

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Multi-State
Control #:
US-TS8041
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Description

This form is a Post-Employment Restrictions on Competition for use with exiting employees exposed to commercial trade secrets or other confidential information as part of their job. This form includes a Noncompetition Covenant as well as other relevant clauses, such as a Savings Clause, a Consulting Option, and an Assignment Clause, that can be integrated into any agreement with the former employee.

How to fill out Post-Employment Restrictions On Competition?

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FAQ

Under Florida law, non-compete agreements may be enforced by the employer so long as they are reasonable with regard to time and geographical area, and protect a legitimate business interest of the employer as defined by Florida statute.

What voids a non-compete agreement in Florida? A non-compete agreement in Florida is voidable if it is unreasonable in geographic scope, length of time, or type of business it restricts.

(1) Notwithstanding s. 542.18 and subsection (2), enforcement of contracts that restrict or prohibit competition during or after the term of restrictive covenants, so long as such contracts are reasonable in time, area, and line of business, is not prohibited.

compete agreement, often part of a broader employment contract, is a legal document prohibiting an employee from working for or starting a competitive business during or after their employment period. Noncompete agreements are recognized and enforceable under Florida law.

If its terms are unreasonable Florida courts will not enforce a non-compete clause that does not have time, geographic area and activity restrictions. Such an agreement will be deemed unreasonable.

You did not sign a non-competition agreement with your former employer: You can go work for a competitor. You must, however, act fairly and reasonably, and remain loyal to your former employer by not intentionally damaging his reputation, or sharing confidential information to which you had access in your old job.

In January, the Federal Trade Commission proposed a rule that would ban most non-competes in the U.S. The rule was not immediately binding, and the FTC gave the general public 60 days to comment. Nine months later, the FTC still has not issued any final rule or signaled when it will do so.

To amend the Fair Labor Standards Act of 1938 to prevent employers from using non-compete agreements in employment contracts for certain non-exempt employees.

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Florida Post-Employment Restrictions on Competition