Thursday, February 28th, 2013 | Author:kelsky_admin Independent Contractors and Non-Compete Clauses

Non-compete agreements are contractual in nature.  For that reason, non-compete litigation tends to be fact specific and language specific.  A recent Florida case, Anarkali Boutique, Inc., v Ortiz, 104 So. 3d 1202 (Fla. 4th DCA 2012), held that the two-year non-compete period did not begin to run on the date the employee became an independent […]

Read
Monday, February 25th, 2013 | Author:kelsky_admin Non-Compete Clause May Apply Even When Employer Breaches

It is entirely possible that an employee may still be subject to a non-compete clause even if the employer breaches the employment contract.  This may be the case if the non-compete clause is deemed to be independent of the employment agreement.    In Reliance Wholesale, Inc., v. Godfrey, 51 So. 3d 561 (Fla. 3d DCA […]

Read
Monday, February 18th, 2013 | Author:kelsky_admin Attorney’s Fees in Non-compete Disputes

Individuals subject to non-compete agreements must be aware that they could be responsible for paying a business’s attorney’s fees even if that non-compete agreement does not have a prevailing party attorney’s fee provision. Section 542.335(1)(k), Fla. Stat., specifically states that a court may award attorney’s fees to a prevailing party  seeking to enforce a restrictive […]

Read
Monday, February 11th, 2013 | Author:kelsky_admin Non-Compete Clauses

Non-compete clauses, and other restrictive covenants, are useful tools designed to protect employers in the event an employee leaves a business.  Fla. Stat. § 542.335 allows these clauses “so long as such contracts are reasonable in time, area and line of business.”  In fact, the statute gives a judge the authority to modify a restrictive […]

Read