Non Compete Agreements – Maurice Arcadier

04
Jan2018

Non Compete Agreements – Maurice Arcadier

Maurice Arcadier explains in a video the enforceability of Non-Compete Agreements under Florida Law. The video was made about 10 years ago. However, the text below has been updated to cover the current status of Florida Law as it pertains to Non-compete agreements.

Non-compete agreements are enforceable under Florida Law. The legislature passed Florida Statute 542.335 which specifically authorizes the legality and applicability of non compete in the state of Florida. Basically, a non-compete is enforceable if it is narrowly tailored to serve a legitimate business interest. In other words, if the non-compete agreement seeks to prevent an employee who is seeking to work for a competitor, and if it can be shown that the employee working for a competitor will cost money to the former employee, then, generally speaking, the non-compete agreement is enforceable. The agreement must still be narrowly tailored to serve that interest. Case law has defined narrowly tailored to be within a specific geographic area and for a period of up to two years is presumed reasonable. The exact geographic location and whether the duration of the non-compete is narrow enough will depend on the particular circumstances of the facts of the case. Generally speaking, a County is deemed reasonable. The entire world or even the entire United States is not.

Other particulars of non-compete include the defenses which are available to employees. These defenses include waivers and the prior breach defense. The prior breach defense is when a former employee does not have to abide by the terms of the non-compete because employer breached an agreement related to the employment relationship between employer and employee.

To learn more about non competes and Florida Law, please visit our non-compete page.