In Florida, Non-Compete Agreements

Non-compete agreements are enforceable to a certain extent in the state of Florida. If a former employee breaches a non-compete agreement, the employer may take legal action against them.

Determining the Terms of the Agreement

The first step in taking legal action against a former employee for breaching a non-compete agreement is to determine the terms of the agreement. The agreement must be in writing and must be signed by both the employer and the employee. The agreement must also contain reasonable terms, including:

• The duration of the non-compete restriction
• The geographic area in which the employee is prohibited from competing
• The specific activities that the employee is prohibited from engaging in

Legal Action Against the Former Employee

If the non-compete agreement is valid, the employer may file a lawsuit against the former employee seeking injunctive relief and damages. Injunctive relief is a court order that prohibits the former employee from engaging in the activities prohibited by the non-compete agreement. Damages may include lost profits or damages resulting from the breach of the non-compete agreement.

Enforcement of the Non-Compete Agreement

It is important to note that the court may not enforce the non-compete agreement if it is deemed unreasonable or overly restrictive. The court will consider factors such as:

• The scope of the restriction
• The duration of the restriction
• The employee's level of expertise and knowledge

In addition, if the former employee claims that they were terminated from their employment in violation of their rights, such as discrimination or retaliation, this may be a defense to the enforcement of the non-compete agreement.

Conclusion

If a former employee breaches a non-compete agreement in Florida, the employer may take legal action against them by filing a lawsuit seeking injunctive relief and damages. However, the non-compete agreement must be valid and reasonable, and the court may not enforce it if it is overly restrictive.