This means that your legitimate business interests must be identified as accurately as possible to ensure that your non-compete agreement is deemed enforceable in the event of a dispute. The rules of contract construction – the white decision made a more direct reference to the provision of the non-competition clause regulation that « a court must not apply a contract construction rule that requires the court to narrowly interpret a restrictive alliance against deference. » It is the same provision that New York and other courts have found so obliquely with respect to the employer and the worker that they are contrary to public policy. The court briefly referred to the criticized provision and then tried to minimize its actual effects. It acknowledged that the provision « prevents the courts from applying certain rules of contractual construction »60, but also emphasizes in the same sentence, emphasizing the statute, « at the fairly broad discretion of the courts to organize the appropriate remedy in context. » 61 A benefit, the Tribunal based on the standard of adequacy in the statute and the need to apply that standard to the specific facts in each case, in order to counter allegations that the statute was too restrictive. Indeed, the White Court held that the two appeal review cases it had consolidated should be remanded in custody until trial in order to clarify facts. Are non-competition bans applicable in Florida? In most cases, the answer is yes. We`d like to talk to you about how we can help you fight an unfair non-compete agreement, call us at (727) 254-5255 or contact us for an initial consultation. BrewerLong`s legal team can help you determine how to use competition bans in your business. They can help you develop agreements that are enforceable and protect your interests. In the past, competition bans were reserved for executives and professionals with access to trade secrets and specialized training, which are often costly. However, companies are increasingly asking workers at all levels to sign contracts that limit their future employment. Since a non-compete agreement can seriously restrict your livelihood, you should encourage an experienced lawyer to review the agreement before signing it.
Keep in mind that the court will not take into account the economic harshness that you face when the non-competition agreement is applied. Simple assertions that the agreement is somehow unfair will clean up the non-competition clause. They must provide concrete legal evidence demonstrating the unenforceableness of the non-competition agreement. If you have already signed a non-compete agreement and want to change jobs, you should talk to an employment law professional before you leave to plan a procedure. First, a non-compete clause must be made in writing in Florida. In addition, the employee must sign it. A non-competition agreement is not intended to thwart competition, but to preserve the company`s competitive advantage. An applicable non-compete clause protects a company`s investments in its employees and removes important information from the hands of its competitors. Non-compete clauses are a formidable tool for companies to protect their interests from unfair competition from former workers. However, a Florida district court later invoked the Transunion as authority and followed his attitude.