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Anytime you take a new position, you usually have to sign a contract that outlines the expected relationship between you – the employee and your boss – the employer. These contracts may contain a non-competition clause, also referred to as a non-compete agreement or a non-solicitation agreement. From an employer’s perspective these clauses are necessary to protect the business, and from the employee’s perspective these clauses can be confusing. In order to protect your business and your rights, it is a good idea to speak with a lawyer with experience in these matters before drafting or signing any such agreements.
At Whittel & Melton, we work hard to protect the rights of employees and employers throughout the South Florida area, including the cities of Orlando, Boca Raton, Miami, Fort Lauderdale and Naples. We are Board Certified in employment law, specializing in non-compete and non-solicitation agreements. By bringing us your contract to review, we can make sure it is legal and what steps you can take should any parts of the agreement become breached.
To arrange a consultation with one of our expert Non-Compete & Non-Solicitation Agreement Lawyers, please call 561-367-8777 or contact us online. We are happy to assist you in Orlando, Boca Raton, Miami, Fort Lauderdale and Naples.
A non-compete agreement is a contract that prohibits employees from doing certain things once their employment ends. It is basically designed to keep former employees from sharing any company secrets or performing any similar job duties for a competing company. that essentially bans an employee from taking certain actions after the employment relationship ends. While non-compete agreements restrict an employee from engaging in any activity that would be in direct competition with the employer for a set amount of time after employment has ended, non-solicitation agreements are a bit different, but generally go hand in hand. Non-solicitation agreements restrict an employee from soliciting clients’ accounts or employees away from the employer’s business for a certain amount of time after employment has ended.
Non-compete/Non-Solicitation agreements are enforceable under the law when they are necessary to protect a party’s legitimate business interests. Under Florida law, legitimate business interests include: (a.) trade secrets, (b.) valuable confidential business or professional information, (c.) substantial relationships with specific prospective or existing customers, patients, or clients, (d.) customer, patient, or client goodwill associated with an ongoing business or professional practice, a specific geographic location, or a specific marketing or trade area, and (e.) any specialized training. However, it should be understood that the non-compete agreement cannot be used as to simply eliminate any area competition.
Non-compete/non-solicitation agreements must be necessary to protect a party’s legitimate business interests in order to be enforceable. Moreover, the terms of a non-compete/non-solicitation agreement must be reasonable in time, geographic scope, and line of business.
We want to help you understand your non-compete and non-solicitation agreements. Whether you are an employee or employer, we can help you with the following:
If you have questions regarding your employment contract, we can help. Call us today at 561-367-8777 or contact us online to schedule your free consultation with us. If we review the facts of your claim and find that you have a legitimate claim, we will take your case on a contingency basis. You will owe us nothing unless we recover financial compensation on your behalf.
We understand how difficult contracts can be to understand, so let us help you today. We are ready to assist you in Boca Raton, Miami, Fort Lauderdale, West Palm Beach, Naples and everywhere in between.