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Non-Solicitation Agreements In Florida

However, employers who fail to properly establish their non-competition agreements with the Council of Professional Legal Advisors often find that their agreements are not applicable. Not only do you waste the time and money spent on litigation to enforce the non-compete agreement, but you lose all aspects of your business that you tried to protect from the start. Competition/non-tender agreements, which are invoked against a former employee, representative or independent contractor, are considered appropriate if the duration of six months or less, and inappropriate if more than two years in the long term. Similarly, a non-compete agreement with a former dealer, distributor, franchisee or licensee is deemed appropriate when it is limited to one year or less and is unreasonable if it exceeds three years. With respect to the competition prohibitions that must be put in place for the sale of a business, competitiveness is considered appropriate if it lasts three years or less and is unreasonable if it lasts more than seven years. Agreements without delay based on the protection of trade secrets are considered reasonable, unreasonable and unreasonable if it exceeds ten years. Where a competition/non-invitation agreement falls between the statutory time frames and is not considered appropriate or inappropriate, Florida courts generally decide that the time limit is appropriate. Therefore, it is difficult to demonstrate dissatisfaction if the agreement falls between the legal parameters. However, if the non-competition agreement exceeds the legal deadline, the court should reduce the duration of the contract. See Henao v. Professional Shoe Repair, Inc., 929 2d 723 (Fla.

5th DCA 2006) (deciding that the court should reduce the 10-year time limit in a purchase). It is easy to avoid this problem. First, you need to define precisely and concretely the legitimate business interests that non-competition agreements seek to protect. Documentation is essential in this regard. Some general rules apply to all businesses, but non-competition obligations cannot be truly effective and can effectively be considered unenforceable if a uniform rule is chosen. You can (and need to) customize your agreement to protect your business. As I said, non-compete bans differ from state to state and Florida has a very employer-friendly uncompetitive status. Other states, such as California, are at the other end of the spectrum and do not allow non-compete agreements at all, with the exception of business sales. Non-solicitation agreements can be very valuable to employers and entrepreneurs, as entrepreneurs typically invest a lot of time, money and other resources in building and building relationships with their clients. It is therefore reasonable for an employer to try to prevent workers from accessing a company`s client list in order to take into account, when applying this test, the specific facts and circumstances of the company and its sector. Therefore, it is important to ensure that these agreements are consistent and tailored to the specific needs of the company concerned, as overly broad or ambiguous agreements are likely to be challenged and overturned by a Florida court.

If you think you are in dispute about a non-invitation agreement, contact one of our lawyers. An employer or contractor who uses non-demand agreements with employees is best placed to get the help of an experienced business lawyer who can ensure that the agreement is properly developed to ensure it remains applicable.