Companies utilize non-compete agreements primarily to restrict an employee, upon his or her departure from the company, from immediately working for a competing company, and to prevent the revelation of important business information to that new company.
In Florida, such protected information can include: trade secrets, valuable business information that otherwise does not qualify as a trade secret, client or prospective client lists, and extraordinary or specialized training.Non-Competition agreements in Florida are enforceable as long as the following conditions are met:
Good non-compete agreements contain non-disclosure clauses, designed to restrict the revelation of "legitimate business interests" such as trade secrets and proprietary and confidential information.
It may be possible for a company protected by a non-disclosure agreement to sue for damages, legal fees, and even profit disgorgement, whereby profits resulting from the wrongful disclosure are surrendered.
The burden of proof that a non-compete agreement is reasonable in its duration and scope is on the company wishing to enforce the agreement, and not on the employee wishing to get out of the agreement.
A qualified business attorney familiar with non-compete and non-disclosure agreements is often utilized to illustrate that an agreement is unreasonable, or that no legitimate business interest exists to enforce the agreement.
Contact our office today for legal assistance with non-compete agreements.