A non-competition, or “non-compete” agreement is a contract, or a portion of a contract, between two parties. More often than not, non-compete agreements are between employees and employers. The purpose of a non-compete agreement is to restrict a person or company’s right to compete with another person or company. Like all other contractual agreements, non-compete agreements are legally binding and enforceable if properly drafted and used to protect a legitimate business interest.Â
Employers generally utilize non-compete agreements to protect legitimate business interests such as customer relationships, proprietary information, trade secrets, extraordinary training, and in some cases even referral sources. Non-compete agreements can also be a component of franchise agreements, mergers, buyouts, or contracts for the sale of a business.
As a commercial and business law attorney law firm, we know that great ideas and efficient marketing strategies may make a business stand out, but what really allows a business to rise above its competition and thrive is the effective handling of its day-to-day business law issues it may face. From entity selection, contract formation to dispute resolution for all parties concerned, having an available and proven, cost-effective legal resource is essential in today’s business environment.
Under Florida law, non-compete agreements have certain limitations.
Under Florida law, non-compete agreements have certain limitations and enforceability is sometimes an issue. Many questions about the drafting and enforceability of non-compete agreements include: “Is the length and duration of its restriction excessive?”, “Is the geographical area too broad?”, and most importantly, “Does the restriction serve to protect a legitimate business interest?” Employers and employees have certain rights when it comes to non-compete agreements. Failure to understand those rights often times leads to litigation.
Heekin Law routinely helps employers create non-compete agreements.
At Heekin Law, we routinely advise employers in drafting and litigating non-compete and non-solicitation agreements. Non-compete agreements can be a critical tool for employers who want to protect their business interests from their competitors.
We also advise employers who are interested in hiring a potential employee who is subject to a non-compete agreement with a former employer. We are able to evaluate any existing non-compete agreement to determine its enforceability. A business that is not careful when hiring a new employee can find itself subject to a claim for tortious interference with a contractual relationship when the business hires an employee who is subject to a non-compete agreement with a prior employer.
In addition to representing employers, we also represent employees seeking to understand non-compete agreements they have entered into, including, the agreement’s enforceability and the employee’s own liability and obligations.
Non-compete agreements must be carefully drafted and oftentimes pose challenging questions. The attorneys at Heekin Law have drafted many non-compete agreements that have protected our clients against their competitors. We also have a tremendous amount of experience in litigating the enforceability of non-compete agreements. We understand how the Florida courts interpret and enforce non-compete agreements.
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