Articles Posted in Employment Law

Commercial contracts often contain dispute resolution provisions requiring the contracting parties to resolve all claims arising between them through arbitration. However, arbitration provisions are not automatically valid and enforceable under Florida law. The arbitration provision must provide the potential claimants with the same legal remedies that are otherwise available to them in civil litigation. “Although…

Employees (current and former) can sue their employers for race and gender discrimination and hostile work environments under the Florida Civil Rights Act (the “FCRA”). The FCRA was patterned after Title VII of the Civil Rights Act of 1964, which prohibits employers with more than 15 employees from discriminating “against any individual with respect to…

Florida law sets forth detailed statutory rules governing enforcement of restrictive covenants, commonly known as “non-compete agreements.” Florida Statutes, section 542.335, provides that parties may agree to restrict or prohibit competition in certain circumstances, so long as they protect one or more legitimate business interests and are reasonable in geographic and temporal scope. In determining…

Forensic examinations of cellular phones and other electronic devices are needed when a party willfully withholds relevant information during discovery or where a party is unwilling or unable to search their electronic devices on their own accord. Federal courts can order a party to submit their electronic devices for a forensic examination in business litigation…

It is critical that Florida employers carefully write their non-compete agreements to ensure they are enforceable and prevent employees from performing the types of activities that the employer needs. Non-compete law in Florida is nuanced and slight deviations in contract wording can sometimes mean the difference between success or failure. Peter Mavrick is a Miami…

The decision whether to bring a case in federal court or Florida state court can have significant consequences to the disposition of non-compete litigation. While both federal and Florida will usually apply the same substantive law, the procedure applied differs. This is particularly pertinent in non-compete litigation. Florida courts, when considering whether to enjoin a…

Misappropriation of a trade secret can occur when there is an acquisition of another’s trade secret by improper means or through disclosure or use of a trade secret without consent by a person who used improper means to acquire the trade secret or knew that the trade secret was improperly acquired. Section 688.002, Florida Statutes.…

Companies often hire experienced sales and business development professionals to expand their business. A non-solicitation provision in an employment contract is intended to prevent post-termination solicitation of clients with whom the business has substantial relationships. When an employee brings clients to a company, it is important to distinguish whether the employee had a prior business…

Former employees who are accused of breaching their noncompete agreements with their former employer sometimes try to claim that the former employer engaged in illegal conduct, and thus, a noncompete agreement cannot be enforced. While there are certain types of unlawful conduct which a court may cite to justify the denial of request for a…

A non-compete period may not be tolled because an employee is called for active military duty. While an employee may not be denied reemployment on account of a person’s performance of military duty, under the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4311, a court may consider the fact that…