Articles Posted in Non-Compete Agreements

ENFORCEMENT OF FLORIDA NON-COMPETE AGREEMENTS AND THE POSTING OF A BOND
Mavrick Law Firm Team

A business can seek an injunction to enforce a non-compete agreement before a lawsuit is completed if the business is suffering losses due to the violation of a non-compete agreement. There are different legal standards for issuance of a temporary injunction, depending on whether the lawsuit and motion occur in federal or state court. The…

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FLORIDA NON-COMPETE LAW: FORMER EMPLOYEE’S LACK OF INTENT TO VIOLATE NON-COMPETE MAY NOT BAR ENFORCEMENT
Mavrick Law Firm Team

An employee’s reasonable belief that a particular territory is outside of the scope of a non-compete clause does not necessarily grant him/her license to work for a competitor in violation of the employment agreement. Peter Mavrick is a Miami non-compete lawyer who has extensive experience in representing the interests of businesses and business owners. In…

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FLORIDA NON-COMPETE AGREEMENTS: RESTRICTION ON DOCTORS SEEING PATIENTS WITHIN A SPECIFIC COUNTY MAY BE ENFORCEABLE
Mavrick Law Firm Team

Contracts that restrict or prohibit competition during or after the term of employment are enforceable, “so long as such contracts are reasonable in time, area, and line of business…” Florida Statute § 542.335. A non-compete provision that prohibits a doctor from seeing any patients from medical practice that formerly employed him/her, is not overbroad, provided…

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FLORIDA NON-COMPETE AGREEMENTS: OTHER STATES MAY REFUSE TO ENFORCE FLORIDA NON-COMPETE AGREEMENTS
Mavrick Law Firm Team

Florida employers that seek to enforce Florida non-compete agreements outside the state of Florida cannot presume that out-of-state courts will enforce the agreement as that agreement would have been enforced in Florida. Florida’s non-compete law, § 542.335, Florida Statutes, is considered by many to be the most “pro-employer” in the nation. Other states may refuse…

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FLORIDA NON-COMPETE AGREEMENTS: PUBLIC POLICY RARELY AFFECTS FLORIDA COURTS’ ANALYSIS OF WHETHER TO ENFORCE NON-COMPETE AGREEMENTS
Mavrick Law Firm Team

Generally, a non-compete agreement is enforceable if it is in writing, supports an employer’s legitimate business interest, and is not overly restrictive in its duration and geographical area. See Florida Statute § 542.335. The Florida Statute governing non-compete agreements lists several public policy considerations that appear, at first blush, to be an impediment to the…

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FLORIDA NON-COMPETE AGREEMENTS: “LEGITIMATE BUSINESS INTERESTS” NOT ARTICULATED UNDER THE NON-COMPETE STATUTE
Mavrick Law Firm Team

Agreements in restraints of trade are generally void unless they comply with the procedures of § 542.335, Florida Statutes. The statute requires that any agreement restraining trade, such as a non-compete or non-solicitation agreement, be supported by a “legitimate business interest.” An agreement restraining trade can only be enforced to the extent that the agreement…

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FLORIDA NON-COMPETE LAW: FORMING RELATIONSHIPS WITH CUSTOMERS AS PART OF A SALES POSITION MAY BE A PROTECTED BUSINESS INTEREST
Mavrick Law Firm Team

Many sales positions, irrespective of the industry, require employees to establish personal relationships with prospective or existing customers. Sales employees often meet and greet a business’ existing and potential customers, at the business’ expense to ensure current and future business success. These substantial relationships formed by employees may constitute a protected legitimate business interests as…

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FLORIDA BUSINESS LITIGATION: FLORIDA’S REVISED ARBITRATION CODE ALLOWS PARTIES TO SEEK PROVISIONAL REMEDIES EVEN WHEN THEY CONTRACTUALLY AGREED TO ARBITRATE
Mavrick Law Firm Team

The Florida Arbitration Code provides businesses with flexibility in resolving their conflicts through arbitration. Arbitration is an immensely popular method of conflict resolution for Florida business litigation and employment litigation. Arbitration can generally help resolve disputes more quickly than litigation. However, parties to arbitration sometimes need court intervention via “provisional remedies,” i.e., a court ruling…

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FLORIDA NON-COMPETE LAW: FLORIDA LEGISLATURE NARROWED THE APPLICATION OF NON-COMPETE AGREEMENTS FOR CERTAIN SPECIALTY PHYSICIANS
Mavrick Law Firm Team

The Florida Legislature has enacted a new statute impacting non-compete agreements for certain specialty physicians, effective June 25, 2019. Pursuant to Florida Statute § 542.336, there is no “legitimate business interest” to support non-compete agreements for physicians licensed under Chapter 458 and 459 of the Florida Statutes, where there is only one entity that employs…

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FLORIDA EMPLOYMENT AND NONCOMPETE LITIGATION: EMPLOYERS SHOULD CAREFULLY DRAFT SETTLEMENT AGREEMENTS TO AVOID FURTHER LITIGATION
Mavrick Law Firm Team

Employers in litigation against their employees face the challenge of not only dealing with the claims made by those employees, but the threat of being left to pay the attorneys’ fees bill of their opponents. Employers can mitigate that risk, and sometimes even turn the tables and win their attorneys’ fees from their former employees,…

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