It is easy to avoid this problem. First, you need to define precisely and concretely the legitimate business interests that non-competition agreements seek to protect. Documentation is essential in this regard. As a general rule, the imposition of competitive competition depends on whether the employer has a legitimate commercial interest defined by law and which can be protected and, if so, whether the worker or former employee has used that commercial interest in such a way that it leads to unfair competition. A non-compete clause can.. For example, to be considered enforceable if the employee has compiled a copy of the employer`s client list containing confidential and proprietary information and has invited customers or customers to use the information provided by the employer. Under Florida 542.335 status, a non-compete agreement applied to a former worker, agent or self-employed contractor is appropriate in time for any deduction of six (6) months or less that is inappropriate for the two-year period. History of non-compete clauses in Florida As a general rule, non-compete agreements (also known as restrictive agreements) are contractual agreements in which a worker promises not to compete with his employer`s activities during employment and for some time after termination of employment. Non-compete agreements may include a worker`s agreement not to work for the employer`s competitor or competitors and a worker`s agreement not to recruit the employer`s clients for a certain period of time.11 In addition to the wage/employer context, non-competitive agreements between a buyer and a seller are often used when buying an ongoing business. The buyer will ask the seller for a non-compete agreement so that the seller does not take a competing transaction immediately after the sale of the business or rob the customers of the business that the seller has just sold. For example, an employee might claim that you are imposing non-competition prohibitions for discriminatory or retaliation reasons. Or the employee could argue that your apathy in the past means that the agreement does not really protect a legitimate business interest.
If you have employees outside Florida with whom you have non-compete clauses related to Florida by choosing the law, this problem could also arise for you.