Common Types of Non-Solicitation Agreements in South Florida and When Disputes Go To Court
South Florida business owners invest significant time and money building client relationships and developing talented teams. When an employee leaves, a non-solicitation agreement can help protect those investments. However, they are not always enforceable as written, and disputes over their scope and application are common.
Whether you are an employer relying on a non-solicitation clause or an employee trying to understand your obligations, our Boca Raton general business litigation lawyer explains how Florida law handles these agreements and what to expect if a dispute develops.
Non-Solicitation Agreements Under the Florida Statutes
Non-solicitation agreements are similar to non-compete clauses and are listed side by side under Section 542.335 of the Florida Statutes. To be enforceable, they have to be reasonable in duration and scope and protect legitimate business interests.
The Florida courts recognize that legitimate interests include substantial customer relationships the employer worked to develop, confidential client data and business information, and the goodwill associated with an ongoing business. Common types of non-solicitation restrictions Florida employers often use include:
- Prohibitions on soliciting former clients or customers for a defined period.
- Restrictions on recruiting or hiring former colleagues after leaving the company.
- Clauses limiting contact with prospective clients with whom the employee worked during employment.
- Provisions protecting vendor or supplier relationships developed by the employer.
- Restrictions tied to a specific geographic area or industry segment.
Florida law places the burden on the employee to prove a non-solicitation agreement is unreasonable. If a court finds the restrictions too broad, it will narrow them rather than void the agreement entirely.
When a South Florida Non-Solicitation Dispute Goes to Court
Non-solicitation disputes can escalate quickly. Under Florida Statute Section 542.335, a valid non-solicitation agreement creates a presumption of irreparable harm, making it easier for employers to obtain a temporary injunction from the court. For both sides, the consequences of litigation can be significant:
- A temporary injunction may immediately restrict a former employee’s business activities.
- Employees may be liable for any client revenue diverted to their new employer.
- Employers may recover lost profits, damages, and legal fees.
- Early mediation or negotiation can sometimes resolve disputes before they reach the courtroom.
According to the Economic Policy Institute, Florida has one of the highest rates of use of non-compete and non-solicitation agreements in the country. They are common across industries ranging from technology and healthcare to construction and financial services.
Non-Solicitation Dispute in South Florida? Consult Our Experienced Boca Raton General Business Litigation Lawyer
A non-solicitation dispute can affect your business, your career, and your finances. Taking immediate action and getting professional legal help from an experienced South Florida business litigation lawyer can make a real difference in the outcome of your case.
At Neuman Law, P.A., we help clients successfully navigate non-solicitation disputes and protect their interests. To schedule a consultation, call or contact us online today. We represent employers and employees throughout Boca Raton, Palm Beach County, Martin County, Broward County, Miami-Dade County, Monroe County, and Hillsborough County.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0542/Sections/0542.335.html