Can an employer enforce a non-compete against me in Florida?
Florida Employers Can Control Business Competition through Non-Compete Clauses Florida law differs from the law in other states when it comes to non-compete clauses. In Florida, businesses and owners may protect themselves by requiring employees, or franchisers in a chain, for example, to sign non-compete clauses.
What happens if a non-compete agreement is found unenforceable?
The employee who is willing to fight will sue the former employer for tortious interference with that employment relationship, and if the non-compete is held to be unenforceable, they will win, costing the former employer not only attorneys fees and costs, but possibly thousands in damages in the form of lost wages and non-pecuniary damages.
Do you have to sign a non compete agreement if you are fired?
But many employees will sign non-competes assuming they will not be enforceable. Many employees think that, just because an employer forced them to sign the agreement or be fired, that they are not bound by a non-compete agreement. That’s just not true.
How often should you review a non-compete agreement?
If you want employees to be bound by non-compete agreements, the best course of action is to have an attorney prepare them, and to have them reviewed at least once a year for any changes necessary. An unenforceable non-compete is worse than useless – it is dangerous to the employer who tries to enforce it.
Florida Employers Can Control Business Competition through Non-Compete Clauses Florida law differs from the law in other states when it comes to non-compete clauses. In Florida, businesses and owners may protect themselves by requiring employees, or franchisers in a chain, for example, to sign non-compete clauses.
What does a noncompete agreement in Florida mean?
History of Noncompetes in Florida. In general, noncompete agreements (also referred to as restrictive covenants) are contractual agreements wherein an employee promises not to compete with his or her employer’s business during employment and for a specified time after the termination of such employment.
Can a non-compete agreement cause you to be fired?
That’s because, unless you have a contract with the new employer spelling out that you can only be fired for cause, and that the non-compete is known to the employer and is not cause, Florida is an at-will state. That means any employer can fire any employee for any reason or no reason at all.
Which is the most pro-employer noncompete statute?
On the other end of the spectrum is Florida, which is considered to have the most pro-employer noncompete statute in the country. 24 Despite well-known and accepted diversity in state noncompete laws, the criticism of Florida’s noncompete statute seems lately to be more intense and at higher levels.