Palm Beach Florida Noncompetition Agreement - Small Business

Name: Palm Beach Florida Noncompetition Agreement - Small Business
Brand: US Legal Forms
Rating: 4.83 (316 reviews)

Category:

Employment - Noncompetition

State:

Multi-State

County:

Palm Beach

Control #:

US-61125NC

Format:

Instant download

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Description

This agreement is entered into by a seller and a buyer. Seller covenants and agrees that seller will not engage directly or indirectly in any business competitive with the business buyer is purchasing from seller within a certain number of miles of the nearest city limit.

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How to fill out Palm Beach Florida Noncompetition Agreement - Small Business?

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FAQ

In most cases, the acceptable length of time for a non-compete agreement in Florida is two years; therefore, any non-compete with a longer timeline will likely be unenforceable. In other cases, businesses attempt to enforce non-competes in geographic areas that don't apply to applicable territories.

So are non-competes enforceable in Florida? In most circumstances, the answer is yes. Florida law recognizes the validity of a non-compete clause. Florida businesses can reach agreements with their employees limiting the employees' ability to compete with the business for a certain period of time.

The simplest way to get out of a non-compete is by providing evidence that an employer breached the contract. In such cases, it is crucial to work with an experienced attorney to double-check the contract line-by-line.

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.

In general at common law, noncompete agreements were often found to be void as an improper restraint of trade. This was also the case under Florida common law,12 until the Florida Legislature statutorily set the guidelines for determining whether noncompete agreements were too restrictive.

How do I get around a non-compete agreement? Prove your employer is in breach of contract.Prove there is no legitimate interest to enforce the non-compete agreement.Prove the agreement is not for a reasonable amount of time.Prove that the confidential information you had access to isn't special.

Under Florida law, in certain circumstances, an independent contractor agreement can contain an enforceable non-compete clause. Florida courts will uphold a non-compete agreement if the non-compete clause is reasonable in geographic scope and reasonable in its time-frame.

The simple answer is yes. Florida statutes and courts will enforce the clause of a noncompete agreement in many cases. However, Florida law has requirements that certain noncompete agreement must follow to be enforceable (e.g., geographic area, amount of time).

Generally, restrictions of up to two years and covering areas where the employer actually does business will be considered reasonable by a court.

More info

In a breach-of-contract lawsuit, ignorance is not a defense. Mark Britton is an attorney as well as the founder and CEO of Avvo.In a unanimous opinion addressing two separate appeals, the Florida Supreme Court interpreted Florida's noncompete statute. The Company and Employee may jointly from time to time to change the nature of Employee's duties and job title. 2.2. Time Devoted to Work. The Law Office of Todd M. Kurland, P.A., in Palm Beach Gardens, represents Florida businesses in a host of legal matters. Bruce Burk practice is in the area of small business, labor and employment, contracts, real estate and civil litigation. Learn about Employment law for businesses on Florida today. Learn how to use a noncompete agreement to protect your business. Non compete agreements must serve to protect an employer's "legitimate business interest.

Palm Beach Florida Noncompetition Agreement - Small Business

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How long is a non-compete valid in Florida?

Do non-compete agreements hold up in Florida?

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How long is a non-compete agreement valid in Florida?

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What voids a non-compete agreement in Florida?

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