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After expiration or termination of this agreement, employee name agrees not to compete with company name for a period of number years within a number mile radius of company name and location.

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.

Important Terms to Include in Non-Compete Agreements Time and Geographic Scope.Tolling of Non-Compete Period.Protectable Interests, Injunctive Relief, Attorneys' Fees, and Costs.Choice of Law and Forum Selection.Assignment.Material Job Changes.Right to Inform New Employer.

Placing a statutory time limit on the non-compete clause so that an employer may only enforce the non-compete for a maximum length of time, such as 6 months. The Government is also considering whether to ban non-compete clauses entirely from contracts of employment.

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.

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 legal in Florida? Yes, if they are appropriately limited. Under the Florida non-compete statute, you must have a legitimate business interest to justify needing a non-compete. In addition, the non-compete agreement must be reasonable in time, place, and scope of restricted business activities.

Non-disparagement clauses in employment contracts are legal as long as they meet the Equal Employment Opportunity Commission (EEOC) requirements. If employees refuse to sign, employers can choose to discontinue employment.

So are noncompete agreements enforceable in Florida? 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).

If you decide to ignore the non-compete agreement, your former employer may sue you. Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued.

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The following is a complaint we filed on behalf of Trek Bikes in a non-compete case against a former regional manager. Recipient shall strictly maintain the confidentiality of the Proprietary Information.Broward Health's vision is to provide world class health care to all we serve. If you are involved in a noncompete issue, you need to hire an attorney.

Broward Florida Sample Noncompete and Confidentiality Clauses

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