Non-compete agreements serve to protect an employer’s business interests and prevent employees from engaging in unfair competition. When a business sells its assets, merges with another company, or dissolves entirely, the ability to assign a non-compete agreement is affected differently. Peter Mavrick is a Fort Lauderdale non-compete lawyer who has extensive experience dealing with non-compete…
Continue reading ›Articles Posted in Non-Compete Agreements
Restrictive covenants have become increasingly prevalent as a prophylactic measure to ensure adequate protection of an employer’s legitimate business interests. These restrictive covenants are generally found in the employee’s employment agreement. Historically, two Florida Statutes (F.S.) have governed the enforcement of restrictive covenants: (1) F.S. 542.33 and (2) F.S. 542.335. Although F.S. 542.18 provides that…
Continue reading ›Peter Mavrick is a Fort Lauderdale non-compete attorney who regularly represent entrepreneurs who formerly were employed in a certain industry and are now seeking to start their own business in the same industry. Our law firm is often confronted with non-compete covenants, otherwise known as restrictive covenants, signed by the entrepreneur when he or she…
Continue reading ›Non-compete agreements, also commonly referred to as “restrictive covenants,” have been subject to countless legal disputes arising between employers and their employees. The primary purpose of a restrictive covenant is to protect an employers’ alleged business interests and restrain employees from engaging unfair competition which can be highly detrimental to the employer’s own business. Peter…
Continue reading ›Non-compete and non-solicitation provisions, otherwise known as “restrictive covenants,” have become increasingly more common in employment agreements. Peter Mavrick is a West Palm Beach non-compete attorney who has extensive experience dealing with restrictive covenants in a wide array of industries, including the medical industry. Although these non-compete covenants are meant to protect a former employer’s…
Continue reading ›The Mavrick Law Firm regularly represents entrepreneurs who open businesses in industries in which they were formerly employed. As such, we are frequently confronted with covenants not to compete signed by the entrepreneurs when they were previously employed. The covenants not to compete, also known as restrictive covenants, typically purport to restrict the entrepreneurs from…
Continue reading ›There are many important differences between employees and independent contractors that businesses must consider before contracting to hire one or the other. Some of these differences include, but are not limited to, the following: 1. Independent contractors are not subject to federal or state labor and employment laws like employees are; 2. The procedure for…
Continue reading ›Florida’s Non-Competition Covenant Statute, Section 542.335, lays out the requirements for enforceable restrictive covenants. One of the main requirements pursuant to subsection (b) of the statute is that the party seeking to enforce the restrictive covenant must plead and prove the existence of one or more “legitimate business interests” justifying the restrictive covenant. The Miami…
Continue reading ›The Mavrick Law Firm regularly represents entrepreneurs who open businesses in industries in which they were formerly employees. As such, often times we are confronted with covenants not to compete signed by the entrepreneur when he or she was employed with his or her former employer. The restrictive covenants will usually restrict the entrepreneur from…
Continue reading ›The Mavrick Law Firm’s earlier publication, Florida Non-Compete: Supreme Court To Resolve Conflicting Appellate Court Decisions, examined a conflict between the Fourth District Court of Appeal and the Fifth District Court of Appeal that centered around of the protection of referral sources in the home healthcare industry by Florida’s Non-Compete Statute, § 542.335, Fla. Stat.…
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