Florida businesses are responsible for the contractual obligations arising from agreements that the business authorized their employees to enter. In certain circumstances, however, a Florida business can be responsible for contractual obligations even when the employees lacked actual authority to agree to the contract. The legal doctrine of “apparent authority” can apply to make a…
Continue reading ›Non-compete agreements are often drafted with broad provisions to prevent a business’s former employee from competing for its customers for a period of time. To be enforceable non-compete agreements must be based on a legitimate business interest, such as trade secrets, confidential information, and substantial customer relationships. However, a legitimate business interest must be harmed…
Continue reading ›Florida businesses often enter into contracts that define the rights and responsibilities of the contracting parties. Each contracting party is presumed to understand the terms of the contracts that they agree to. Courts will generally enforce contracts as they are written; however, complications can arise when a party to a contract recognizes that he made…
Continue reading ›Courts generally have discretion as to whether to grant an injunction to enforce a non-compete agreement. That discretion, however, does not allow courts to avoid enforcing a valid non-compete agreement which has been breached. Peter Mavrick is a Boca Raton non-compete attorney and business litigation attorney who has substantial experience with non-compete litigation, including injunction…
Continue reading ›While the Americans with Disability Act (ADA) and Florida Civil Rights Act (FCRA) aim to ensure that disabled people are given adequate accommodations for their disability, both statutes only protect persons who are, or are perceived as, “disabled” as defined under the ADA. Some terminated employees have sued their former employers under the ADA and…
Continue reading ›Contracts often prohibit parties from changing the contract terms unless it is in writing and signed by the parties. The purpose of this clause is to establish proof that the parties agreed to the modification of the contract. Parties will often ignore or forget about these clauses. So, when parties appear to have modified the…
Continue reading ›Prior material breach is a defense to a contractual claim when an employer breached an essential term of the contract. The effect of this defense against enforcement of the non-compete agreement is that the employee can be released from his or her obligations under the contract. Because sexual harassment is strongly prohibited by both Florida…
Continue reading ›This article is part three of a three-part series concerning employer defense against class action certification of employment law claims. Peter Mavrick is a Fort Lauderdale employment attorney, who also represents businesses in Miami and Palm Beach. The Mavrick Law Firm defends the interests of businesses and business owners in employment law disputes, including lawsuits…
Continue reading ›Recovery of business losses for another party’s wrongful actions can often be insufficient without recovery of “lost profits.” Lost profits consist of the amount of profit a business would have earned, absent the breach of contract. Proof of lost profits must be based on evidence that is reasonably certain and not based on speculation. Proof…
Continue reading ›Prior breach is a common defense to a lawsuit to enforce a confidentiality provision (similar to a non-compete agreement). Generally, a material (essential) breach of an agreement allows the non-breaching party to treat the breach as a complete discharge of his or her contractual liability. In re: Walter M. Thomas, Debtor, 51 B.R. 653 (M.D.…
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