Pompano Beach Non-Compete Lawyer

Pompano Beach Non-Compete Attorney

Non-compete agreements are designed to protect the employer, not the employee. In some cases, you may find yourself being held to a non-compete that isn’t legally enforceable, or you may be accused of breaching a non-compete agreement. These contracts are legally complex, but a Pompano Beach non-compete lawyer can help you understand your contract and push back against unfair or illegal actions from an employer.

The Law Office of Michelle Cohen Levy, P.A., has helped employees and job applicants fight for justice against discriminatory employers and unfair employment practices. Michelle Cohen Levy is an experienced Pompano Beach employment lawyer with knowledge of non-compete laws. She provides personal attention to each non-compete case, ensuring accuracy and dependability throughout each step of the process.

Understanding Non-Compete Practices

A non-compete agreement is a contract that requires an employee to avoid working for a competitor, starting a competing business, or otherwise competing with the employer with whom you have a non-compete agreement. Many companies require employees to sign a non-compete, with one in five employees having one. To be enforceable in Florida, these contracts must specify:

• The period of time during which the non-compete is applicable
• The geographic location where the non-compete is applicable
• A legitimate business that justifies the non-compete

Non-competes are valuable for employers because they prevent trade secrets and methods from being transferred to competitors. Non-competes also reduce employee turnover by making it more difficult for employees to find a new job in the industry and incentivizing long-term positions at a company. Because of the advantages for employers, Florida’s CHOICE Act supports non-competes, allowing them to last up to four years for certain employees.

While non-compete contracts are common, they can limit Pompano Beach, Florida workers from pursuing better jobs in the area, often leaving people feeling as if they must move to a different industry or leave Southern Florida to find employment or explore higher-paying opportunities. Without non-competes, it is estimated that employees’ earnings would increase between $250 billion and $296 billion each year.

Penalties for Violating a Non-Compete

What actions violate your non-compete depend on the specific terms in your agreement. Generally, choosing to work for a competitor or become a competitor is considered a violation, though details for the geographical and time scope vary from contract to contract. If you have violated the terms of your non-compete, your employer can file a claim against you to stop you from continuing to work at the competitor and recover damages the employer has sustained.

Breaching your non-compete is considered a civil matter. Penalties for a violation can include:

• A court-ordered injunction to stop the competitive work
• Fines paid to your former employer based on lost profits or customers
• Paying your former employer’s legal costs
• Forfeiting the earnings you have earned from a new, competing job
• Fines that are specified within your non-disclosure as penalties for violations

Why Hire a Non-Compete Lawyer

A Pompano Beach non-compete attorney knows how difficult it can be to deal with restrictive non-competes or having a claim filed against you by a previous employer for violations. With lasting implications on your employment and requiring paying for damages, non-competes can make you feel hopeless against large, powerful companies. Working with a lawyer can lead to justice against your employer, minimizing or dismissing penalties, and lifting undue restrictions.

A lawyer can analyze your contract to identify if it is enforceable and reasonable under Florida law. This means reasonable specifications on the time, location, type of work, and having a legitimate business interest. When the specifications for a non-compete are overly broad or unreasonable, they may be unenforceable.

By examining the details of your non-compete case, a lawyer can identify whether your employer’s terms were sufficiently specific and reasonable within the context of the company and your position. If this is not the case, a lawyer can advocate for more reasonable terms and avoid penalties for violations.

FAQs

What Does Blue Penciling Mean for a Non-Compete?

Blue Penciling describes the court’s ability to modify overly broad non-compete contracts so that they meet the requirements for being reasonable and enforceable. This may include narrowing down excessive time periods, geographic scope, or activity restrictions. Rather than voiding an agreement entirely, blue penciling protects employers’ interests while preventing unfair restrictions from unduly limiting an employee’s future employment opportunities.

What Counts as a Legitimate Business Interest for a Non-Compete?

An employer must be able to prove a legitimate business interest for a non-compete, but there are a variety of valid interests. Some common justifications for sufficient business interest can include trade secrets, substantial relationships with customers or clients, or extraordinary or unique training. If you feel that your employer did not use a legitimate business interest to justify a non-compete, you should hire a non-compete lawyer who can determine whether the non-compete is enforceable.

Are Non-Competes Enforceable Against Independent Contractors in Florida?

Yes, non-competes can be enforced for independent Contractors in Florida. Under Florida law, the same restrictions apply as for other employees, such as the non-compete needing to have legitimate business reasons, be reasonable in its scope, and be specific in the period of time and geographic area to which the non-compete applies.

Does Violating a Non-Compete Lead to Criminal Charges?

No, violating a non-compete does not result in criminal charges unless your actions were part of a larger, malicious conspiracy. Instead, violating a non-compete is a civil matter. While you may not face criminal charges, you can still receive life-changing penalties such as injunctions and financial damages. A Pompano Beach non-compete lawyer can help you navigate any claims filed against you for violating a non-compete, limiting its impact on your future.

Learn How a Pompano Beach Non-Compete Attorney Can Help

Non-compete agreements can complicate your professional opportunities and lead to consequences for violations. A non-compete lawyer can help you defend against accusations that you violated your non-compete, minimizing potential penalties and allowing you to move forward and continue growing your career. Contact The Law Office of Michelle Cohen Levy, P.A., for a consultation to learn how skilled legal representation can help in your non-compete case.