Restrictive Covenants and New Ownership of an Existing Business

Employees should not believe that non-compete agreements are unenforceable just because their employer sold the business to another person or entity.  Fla. Stat. § 542.335 specifically provides that non-compete agreements are assignable provided that the “restrictive covenant expressly authorized enforcement by a party’s assignee or successor.”  Thus, an employee must carefully review their non-compete agreement before undertaking new employment and should not just assume the sale of the business rendered the agreement to be void.

Brad Kelsky and Kelsky Law, P.A., welcome the opportunity to review restrictive covenants for employees and employers.