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 covenant to make it reasonable if its scope falls outside the parameters of the statute. For example, if the duration of a restrictive covenant is excessive, a court can change the terms of the contract to make it reasonable. For this reason, an employee subject to a restrictive covenant should not assume that a large geographic location or a long duration would cause the restrictive covenant to be unenforceable. To the contrary, it is very likely that a court will modify the agreement to protect an employer. It is wise, therefore, for an employee to fully explore the impact of a restrictive covenant before accepting new employment. Kelsky Law, P.A., and Brad Kelsky, Esq., are happy to review restrictive covenants for clients.
This article does not constitute legal advice or the formation of an attorney-client relationship, and is not for re-publication without express permission of the author.