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 […]
ReadIt 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 […]
ReadIndividuals 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 […]
ReadNon-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 […]
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