Plantation Non-Compete Lawyer

Plantation Non-Compete Attorney

A non-compete agreement is designed to protect an employer’s business interests by preventing employees from learning trade secrets or proprietary information and bringing it to a competitor. Non-compete agreements can also prevent employees from moving to a competitor with clients from their original employer. Whether you have been asked to sign a non-compete or are drafting one for your business, a Plantation non-compete lawyer can help.

Hire a Non-Compete Lawyer

Non-compete agreements can be beneficial for companies that work within niche fields, but they can also prevent employees from seeking better employment opportunities. When creating a non-compete agreement for your company, or before signing one as an employee, you should hire a non-compete lawyer or a Plantation employment lawyer to review it.

At The Law Office of Michelle Cohen Levy, P.A., we have years of experience reviewing non-compete agreements, and our managing partner has been practicing law for over a decade.

Use of Non-Compete Agreements

Non-compete agreements can help prevent trade secrets from being revealed and prevent employees from starting competing businesses, but they can also stifle job mobility and wages. Two nationally representative studies reviewed by the U.S. Government Accountability Office found that in 2022, 18% of workers were subject to a non-compete agreement. Of those companies where at least some employees were required to sign a non-compete:

• 69% had part-time workers sign
• 72% had hourly workers sign
• 92% had salaried non-managers sign
• 98% had salaried managers sign
• 98% had executives sign

When an employee breaks the terms of a non-compete agreement in Plantation, they could face legal consequences. Some agreements require arbitration outside of the court system. If a civil court case is filed in state court, the 17th Judicial Circuit Court for Broward County hears the case. Federal cases are heard in the United States District Court for the Southern District of Florida.

Next Steps After Receiving a Demand Letter

When leaving your employer, you could face the realities of non-compete agreement enforcement if your previous employer thinks you have violated the terms of the agreement. The first indication that there is a problem is often receiving a demand letter from your previous employer. The demand letter should include:

• Details of the breach
• A demand to comply with the agreement
• A deadline for compliance or to respond
• An outline of their next steps should you fail to comply

Never ignore a non-compete demand letter. Instead, you should retain a non-compete attorney who can review the demand letter, the original non-compete agreement, and the documentation of your new role.

It is possible that your new role does not violate the conditions of your non-compete agreement, or the terms of the agreement are not enforceable for various reasons. Your attorney can respond to the demand letter and offer guidance on your next steps.

Consequences of Violating a Non-Compete Agreement

Violating a non-compete agreement can have serious consequences, including:

• A court-ordered injunction
• Being fired from your current employer
• Being ordered to pay monetary damages to your previous employer
• Paying attorney’s fees and court costs
• An extension of the non-compete period

FAQs

Are Non-Compete Agreements Enforceable in Florida?

Non-compete agreements are enforceable in Florida if they meet specific requirements as established by the Florida CHOICE Act. For a non-compete agreement to be enforceable, it has to be in writing and signed by the employee, and the stipulations in the agreement must be reasonable.

Employers can protect legitimate business interests, but stifling competition is not considered a reasonable interest. Agreements that stipulate six months or less are often found reasonable, while agreements for over two years are unreasonable. However, a new federal rule has changed the landscape for many workers by banning most noncompete agreements nationwide.

Do Florida Companies Really File Claims for Non-Compete Violations?

Yes, Florida businesses often file claims to enforce non-compete agreements. Non-compete agreements designed to protect legitimate business interests are common in Florida.

Employers may send a cease-and-desist letter, file a temporary injunction, and seek monetary compensation for any business damages suffered. Violations are most often enforced when intellectual property is taken or when employees leave to work for a direct competitor in a similar role.

Can You Legally Get Out of a Non-Compete Agreement?

There are legal ways to get out of a non-compete agreement, but it can be difficult. Florida favors employers when handling non-compete cases, so it is important to have an experienced non-compete attorney representing your interests. To get out of a non-compete agreement, you have to show that the agreement is overly broad, lacks legitimate business interests, or that the employer breached the agreement.

Do I Need to Sign a Non-Compete Agreement in Florida?

When offered an employment contract, you technically do not need to sign a non-compete agreement in Florida, but there could be consequences. Many employers who have a non-compete agreement make signing the agreement a condition of employment.

Refusing to sign the agreement could result in the job offer being rescinded. You also have the option to review the agreement and negotiate the terms, but your employer is not required to make changes.

Can I Work for a Competitor If I Signed a Non-Compete Agreement?

If you sign a non-compete agreement, you may be able to work for a competitor, but it depends on the terms of the agreement you signed. Review the agreement you signed to determine the exact duration, geographic scope, and definition of a competitor. A non-compete attorney can also help you decide if the agreement is enforceable. If your new position doesn’t violate the terms of the agreement, you can work for that competitor.

Contact The Law Office of Michelle Cohen Levy, P.A.

When drafting a non-compete agreement, you’ll want to be sure that it is enforceable within state and federal guidelines. Our team can see that your agreements are appropriate and fit the needs of your business. If an agreement is broken, our team can help with enforcement.

As an employee, if you are asked to sign a non-compete agreement, you need to understand that this agreement is a binding contract between you and your future employer, with real consequences if the agreement is broken.

Regardless of whether you are an employer or an employee, you can benefit from having a Plantation non-compete attorney review non-compete agreements for enforceability and potential consequences if the agreement is broken. Contact The Law Office of Michelle Cohen Levy, P.A., today to schedule your initial consultation.