What Happens When You Violate a Non-Compete or Non-Solicitation Agreement in Florida?
Non-compete and non-solicitation agreements in Florida are common in certain fields, and employees often sign them without giving them much thought. However, they can have a real impact on your rights, and knowing exactly what you signed matters.
Florida law has specific rules about when non-compete and non-solicitation agreements are enforceable and when they are not. Our Florida general business litigation lawyer explains what you need to know, whether you are an employer trying to protect your business or an employee wondering what your contract actually means.
What Florida Non-Compete or Non-Solicitation Agreements Actually Do
Non-compete agreements protect business owners by preventing former employees from joining competitors or starting a similar business for a set period after leaving a job. A non-solicitation agreement is narrower. It prevents a former employee from contacting the company’s clients, customers, or coworkers to lure them away after they leave.
Both types of agreements fall under Florida Statute Section 542.335. To hold up in court, non-compete and non-solicitation agreements must protect legitimate business interests, for example:
- Trade secrets, including proprietary processes, client data, and pricing strategies.
- Confidential business information that the employer developed over time.
- Substantial client or customer relationships that the employer invested resources to build.
- Specialized training provided by the employer that gives the employee a competitive advantage.
South Florida courts will not enforce an agreement that goes beyond protecting one of these interests, no matter what the contract says.
What Happens When You Challenge or Violate a Florida Non-Compete or Non-Solicitation Agreement
Disputes concerning non-compete and non-solicitation agreements in Florida move fast. If an employer believes a former employee is violating one, they can go to court and ask for an emergency injunction to stop the behavior immediately.
For employees, a court order can prevent you from working in your field while the case plays out. If you are facing a non-compete or non-solicitation dispute, the following factors can affect the outcome:
- Whether the time restriction is reasonable (typically no more than 2 years for most employees).
- Whether the geographic scope makes sense given the nature of the business.
- Whether the restricted activities are directly connected to your role at the company.
- Whether the agreement protects a legitimate business interest or just limits competition.
- Whether the employer can show real harm from the alleged violation.
If a court finds that an agreement is too broad, it will narrow the terms rather than strike the entire agreement. As Florida law places the burden on the employee to prove the agreement is unreasonable, get professional legal help to protect your rights.
Contact Our Experienced Florida Business Litigation Lawyers
Non-compete and non-solicitation disputes can affect your livelihood, your business, and your bottom line. Whether you need to enforce an agreement or fight one that is standing in your way, Neuman Law, P.A. is ready to help.
Contact our office today to schedule a consultation. We serve clients throughout Florida, Palm Beach County, Martin County, Broward County, Miami-Dade County, Monroe County, and Hillsborough County.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0542/0542.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0542/Sections/0542.335.html