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Tampa Non-Compete Agreement Lawyer

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Tampa Non-Compete Agreement Lawyer

Tampa Non-Compete Agreement Attorney

Non-compete agreements are designed to protect legitimate business interests, but sometimes, they place an unreasonable burden on a company’s employees. If you’ve signed a non-compete agreement and want to get out of it, you should consult a Tampa non-compete agreement lawyer. A lawyer can evaluate the agreement to determine whether it is valid and, if it is, negotiate with your employer for your release from the non-compete.

Trust the Law Offices of Gary A. Costales, P.A.

The team here at the Law Offices of Gary A. Costales, P.A., has a deep familiarity with non-compete agreement laws. We know what makes a non-compete valid, and what could make it unenforceable. We’ll fight aggressively for your right to seek gainful employment and will do everything possible to get you released from your non-compete agreement.

Why Hire a Non-Compete Lawyer?

Federal data indicate that one out of nine workers is subject to a non-compete agreement, but workers in the Southeast are significantly more likely to have them than their West Coast counterparts. In the South Atlantic, 13.3% of workers have non-competes. On the West Coast, only 9% of workers are subject to these contracts. Non-competes are only enforceable in certain states, but Florida is exceptionally friendly to these agreements.

If you’re one of the 13% of workers in the Southeast who are subject to a non-compete, it could negatively affect your job mobility. You can hire a Tampa non-compete agreement lawyer to help you find a way to get released from the agreement so that you can take job opportunities as they come up and progress in your career. A non-compete lawyer can both evaluate your contract to see if it’s enforceable and, if it is, negotiate with your employer for your release.

What Is a Non-Compete Agreement?

A non-compete agreement is a contract signed by an employee, often at the same time as they sign their employment contract, in which they promise not to work for direct competitors for a specific period following the decision to take leave from their current employer. It’s designed to protect confidential business information and customer relationships, preventing employees from poaching customers or using trade secrets to their advantage.

Non-compete agreements are valuable for employers because they protect not only confidential information but also against the loss of employees. Depending on the nature of the agreement, they can be challenging for employees who want to progress with their careers or otherwise seek employment outside of the companies for which they signed the non-compete.

What Makes a Non-Compete Agreement Enforceable in Florida

Florida recently passed the CHOICE Act, which strengthens the enforceability of non-compete agreements. This act is more beneficial to employers than it is to workers. It went into effect on July 1, 2025. However, even under the CHOICE Act, non-compete agreements must meet certain legal requirements to be enforceable. They must:

  • Apply to covered employees. Covered employees under the CHOICE Act are people who earn or can be reasonably expected to earn salaries that amount to more than twice the annual mean wage of the business’s county or the employee’s. Large employers around Tampa, such as BayCare Health System and Publix Supermarkets, may employ a combination of covered and non-covered workers.
  • Meet procedural requirements. Employees must be advised of the right to seek counsel before signing the non-compete and must acknowledge its receipt in writing. They must be given seven days to consider the terms before signing in most circumstances.
  • Follow time limits. The non-compete period can’t exceed four years.
  • Cover a reasonable scope. Restricted activity has to be similar to the services provided by the employee for the three years prior to the non-compete agreement’s signing, or it must apply to acts reasonably likely to involve the use of confidential information.

Non-competes must also cover legitimate business interests and be necessary to protect things like trade secrets or customer relationships, and can only contain reasonable restrictions.

FAQs

Do Non-Competes Hold Up in Court in Florida?

Non-competes generally hold up in court in Florida, which is known for its friendliness to these business agreements. However, not all non-competes are legal. To be enforceable, non-competes must protect legitimate business interests, be reasonable in scope, and be in writing. Employees signing non-competes after they’ve signed their employment contracts must also be given seven days to review the agreement.

What Type of Lawyer Deals With Non-Compete Agreements?

The type of lawyer who deals with non-compete agreements is known as a non-compete lawyer or an employment lawyer. Because Florida tends to side with business owners rather than individual employees, it’s very important that you get a qualified lawyer to help you fight the enforcement of your non-compete agreement.

How Do You Get Out of a Non-Compete in Florida?

To get out of a non-compete in Florida, you should consult a Tampa non-compete attorney. A non-compete lawyer can look for ways to challenge the enforceability of the agreement. If it’s too broad in scope or if the employer breached the contract, you may be able to get out of the agreement. If that’s not possible, your lawyer may be able to help you negotiate a release with your employer.

What Voids a Non-Compete Agreement?

There are several factors that can void a non-compete agreement. A non-compete agreement can be voided if it:

  • Is too broad in scope
  • Lacks a legitimate business interest
  • Places an undue burden on the employee
  • Is against public policy
  • Lacks proper consideration

Consideration refers to the exchange of something valuable for the agreement. This only applies if an employee signs a non-compete agreement that is not part of their initial employment contract.

Your Tampa Non-Compete Agreement Lawyer

Many people sign non-compete agreements as part of their employment contracts without realizing what they’re agreeing to. If you’ve found yourself in this position and it’s hindering your ability to find a new job, a Tampa non-compete agreement lawyer can help.

The Law Offices of Gary A. Costales, P.A. can help. Our team has been practicing in the field of employment law for years, and we’ve handled all kinds of non-compete agreement cases. Contact us to schedule an initial consultation.

Miami Office

1533 Sunset Dr Suite 150
Miami, FL 33143

Boca Office

1200 N. Federal Hwy. Suite 200
Boca Raton, FL 33432

 

  

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