What Is A Covenant Not To Compete In Florida?
Generally, a covenant not to compete is when a Florida employee agrees not to work for an employer's competitors when the employee leaves the company. Covenants not to compete are also known as "non-compete clauses". Signing such an agreement may either be a condition for being employed, or the employee may receive additional compensation for doing so.
When are Covenants not to Compete Unenforceable?
It is difficult to foresee whether a judge will enforce a given non-compete agreement. While employer's interest are significant, the courts of Florida also put a high level of importance on a person's ability to pursue their desired employment opportunities. Consequently, a court will generally only uphold non-compete clauses which under the circumstances are considered to be reasonable. Those provisions that courts have seen to be unreasonable include those that last for an prolonged period of time or cover geographic areas around Tallahassee that are unreasonably large.
Non-compete clauses are also limited in that they can only apply to competitors who are reasonably related to the industry of the employer. Finally, an employer is required to have a valid business reason in its motivation for imposing a covenant not to compete on an employee.
Do I Need an Attorney when Dealing with a Covenant not to Compete?
Before signing anything that may restrict your rights, you may want to hire a Tallahassee, Florida attorney to review the contract. A lawyer can then negotiate to modify the covenant as needed, or may even draft a new one that is acceptable to both parties When it comes to suing an employee for breach of a non-compete clause, an attorney can give valuable advice. They will also be able to counsel employees who need advice for a covenant they have signed.
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Life in Tallahassee
Tallahassee is the capital of Florida, with an approximate population of 181,376 people. Tallahassee is known to be a great college town, being home to Florida State University, Florida A&M University, and branches of Saint Leo University, Thomas University, Keiser University, Barry University, and Flagler College.Alongside great education, Tallahassee offers great attractions! These attractions include the Alfred B. Maclay State Gardens, the Tallahassee Museum of History and Natural Science, the Mary Brogan Museum of Art and Science, St. Marks National Wildlife Refuge, and the Knott House Museum.
Tallahassee is also home to many law firms of all sizes, small, medium, and large. These firms house many competent attorneys in all areas of practice. Thus, residents, businesses, and corporations in Tallahassee should rest assured because any legal inquiry can be handled by the legal force in Tallahassee.
