Yes. An employee in the sunshine state can genuinely challenge a non-compete clause in court. Numerous workers believe that since their employer compelled them to sign the contract or face termination, they really aren’t tied by it. Howbeit, that is not the case.
Have it in mind that Non-compete agreements are generally legitimate under Florida law. However, that doesn’t mean that you can’t break out of yours if you push hard enough. Just as was noted above, the non-compete clause is recognized by Florida law.
Enterprises in Florida can attain pacts that restrict their workers’ competitiveness in the market, especially for a predetermined time.
Non-compete agreements can be implemented if the business owner can demonstrate that it possesses trade secrets that were picked and utilized by the worker, or if the worker earned exceptional or specialist coaching in the employer’s distinctive sales, brand management, or corporate practices.
If you are changing jobs but have a non-compete agreement, you should consult an employment lawyer before leaving. If you are taken to court to impose a non-compete agreement, you should always consult an employment lawyer instantaneously to protect yourself, otherwise, you will end up losing your new position, get a monetary judgment on the matter against you, and will be without the opportunity to raise any non-compete agreement defenses.
Legal Arguments to Fight Your Non-Compete in Florida Court
Although non-compete contracts are valid and binding in Florida, there are ways to fight them. Even if you signed it without seeking legal counsel, you might have a legitimate basis to challenge your non-compete in a Florida Court.
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The company violates the agreement
If your company included the non-compete clause in an employment agreement that also included remuneration, insurance, and other terms of employment, you should get a lawyer to go over the agreement section by section. If indeed the company breaches the deal by not providing all appropriate compensation, not complying with insurance demands, or not complying with several other responsibilities, the worker is released from all contractual agreements.
- The agreement period is excessively long.
A time frame of less than 6 months is generally assumed legitimate for workers, and a time frame of more than 2 years is generally assumed null and void. Many courts note that pacts lasting up to two years are realistic. However, anything longer than two years will be a challenge for the company to counter.
There is no justifiable reason to impose
Among the most prevalent errors is for companies to try to go beyond their legal business interests. A business owner, for example, has no personal stake in imposing a non-compete agreement against low-level workers including attendants and support staff.
A company that produces accounting software has no valid reason to prohibit a worker from continuing to work on software for physicians.
A company that is exiting a market has no valid reason to prohibit a worker from functioning in that market. A company that gives up a specific client, type of work, or commodity has no valid interest in that space. The legislation authorizing non-compete contracts presumes the following valid business preferences:
- Company secrets
- Important highly classified commercial or professional data
- Significant connections with precise potential or current patrons, patients, or consumers
- Goodwill obtained from a continuous business or specialist practice via a brand name, geographical region, or marketing/trade region;
- Astounding or specialty education
There would be no benefit to public health or safety
This is especially true for doctors, nurses, and people working in professional scientific and health fields. In the event of a labor scarcity in a specific specialty or regional zone, the company cannot impose a non-compete regardless of whether all numerous different conditions have been met.
If you become one of only ten neurosurgeons in the region who can carry out a specific operation, your company is unlikely to stop you from saving someone’s life.
The public has easy access to so-called confidential data
Numerous businesses obtain quality leads from publicly available sources. Everyone in the sector can access phone books, reputable directories, the web, and alert services. As a result, a business owner who professes to be safeguarding private client sources will be required to demonstrate that the detail isn’t accessible to others in the market.
In order to be legally binding, a non-compete contract should always meet certain criteria. According to Florida’s non-compete statute, all non-compete contracts must be “realistic in time, location, and areas of business.” Before entering a non-compete agreement, savvy workers contract a lawyer to understand their options.