Bethesda Non-Compete Lawyer

Experienced Bethesda Non-Compete Attorney

Non-compete agreements are generally used in competitive industries and are especially common for salaried employees and executives. The intention of these agreements is to protect business interests. Both employers and employees should have the protection of a Bethesda non-compete lawyer when agreeing to a non-compete, and when there are any breaches or issues with the agreement.

Bethesda Non-Compete Lawyer

At The Law Office of Michelle Cohen Levy, P.A., our team has experience in employment law and a deep understanding of the requirements for Florida non-competes, including the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act. Michelle Cohen Levy has 15 years of legal experience and has spent years supporting employees and businesses in Florida.

If your employment contract includes a non-compete, you are dealing with a violation of your rights, or there has been a breach of contract, our firm can help you protect your interests and handle the finer details of the agreement.

Understanding Non-Compete Agreements in Bethesda

Non-compete agreements are part of employment contracts and exist to prevent employees from creating a competing company or being employed by a competitor for a set period of time after ending their work relationship with a company. If you agree to a non-compete, it can limit where you can be employed after leaving your current job.

In Bethesda, non-compete agreements are unique. Florida law places very few restrictions on the agreements compared to other states. The recent CHOICE Act actually made non-competes subject to even fewer restrictions than before. That makes it a friendly state for businesses and employers trying to create these agreements, but difficult for employees. It’s crucial you understand what to know before signing a noncompete as an employee.

When Non-Compete Agreements Issues Arise

Many employees work under non-compete agreements. A recent report by the U.S. Government Accountability Office (GAO) showed that 18% of employees had non-compete agreements as part of their employment, and 38% of employees had dealt with a non-compete agreement at any point while working. This can lead to some employees not giving these clauses the consideration they deserve.

Failing to understand the requirements of a non-compete can lead to serious issues, including:

• Strict requirements. If you signed off on a non-compete agreement with terms that are too strict, it may greatly limit your ability to find employment. Unreasonably strict non-compete agreements are also invalid.
• Breach of contract. After you leave an employer, you must follow the terms of a valid non-compete agreement. If you receive a demand letter from a previous employer outlining a breach, it is important that you act quickly.
• Violation consequences. If you don’t respond to a demand and fail to comply with the non-compete, there can be further consequences. You may be required to pay financial damages to the employer or face a longer non-compete period.

This is why it’s crucial that you have an attorney by your side when agreeing to a non-compete.

Employers also have to be cautious when creating and enforcing non-compete agreements. Having employment law services can make it easier to draft and enforce valid agreements with fewer risks of claims.

Rights, Duties, and Evidence

A non-compete is only valid if:

1. There is a defined geographic scope
2. It protects a genuine business interest
3. It lasts for a reasonable period of time, and not longer than four years
4. It applies to similar services the employee provided at that job
5. There is a reasonable likelihood that the employee would use confidential information or relationships with customers

It’s important to have evidence of each of these elements.

Options and Potential Remedies

There are several options for dealing with non-compete issues. For example, employers can recover financial damages from employees who fail to comply with non-compete agreements.

However, if you are an employee and your employer files against you for breach of a non-compete, there may still be options. If the non-compete is not valid, then you can file a claim against them. If the non-compete is valid, you could still enter negotiations with an attorney to protect your interests.

How Counsel Evaluates the Matter

An attorney helps you assess the non-compete for validity during its creation and if you have concerns in the future. Your attorney can also negotiate terms before signing the non-compete. They explain terms and help you understand the legal obligations.

FAQs

How Much Does It Cost to Fight a Non-Compete Agreement?

The cost to fight a non-compete agreement depends on the attorney you work with, the court costs, and the loss of earnings during the case. An attorney’s fees are based on case complexity, the attorney’s experience in the practice area, and other factors. For such an in-depth legal service, attorneys usually charge an hourly fee. If the case goes to court, you can expect a more expensive case.

Is a 5-Year Non-Compete Enforceable in Florida?

No, a five-year non-compete is not enforceable in Florida. Currently, the CHOICE Act allows non-competes to last for up to four years after an employee leaves their position. This is one of the longest periods of time allowed for non-compete agreements in the country. If you are an employee subject to an unreasonable non-compete, it is important to talk with an attorney who understands these agreements.

How Easy Is It to Get Out of a Non-Compete Agreement?

Whether or not it is easy to get out of a non-compete agreement depends entirely on the specific agreement and whether it is enforceable. You might be able to get out of a non-compete agreement if the scope of the agreement is unreasonable, or if the terms last for more than four years for agreements after July 3, 2025. You can also get out of the agreement if your employer breaches the employment contract.

Do Non-Competes Still Hold Up in Court in Florida?

Yes, non-competes still hold up in court in Florida, although there are specific reasons why the agreements may be found invalid. This may include if the agreement does not protect business interests. However, without an invalidating reason, non-competes are upheld, so it’s important that you understand the agreement you are making or agreeing to. While some states ban non-competes entirely, this is not the case in Florida.

Next Steps in Bethesda: Hire a Non-Compete Lawyer

Your next steps in Bethesda are to hire a non-compete lawyer, whether you are an employer or employee. Contact our firm today.