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Employers often require their employees to sign noncompete agreements to protect their companies from unfair competition after an employee leaves the company. These noncompete agreements may require an employee to not work in the same industry for a period of months, or even years, after leaving their current employment. Are these agreements fair? And, more importantly, can they be enforced?

Ultimately, noncompete agreements are not intended to leave professionals unable to earn a living. If the noncompete agreement ends up destroying an employee’s ability to put food on the table, for example, a Florida court might render it invalid.

A noncompete agreement is, nevertheless, a binding agreement. As such, courts may be inclined to honor them if it is clear that the employee understood all the agreed-upon terms and conditions when employment commenced.

That said, it is not uncommon for a noncompete agreement’s enforceability to be called into question. There is no simple answer to whether or not a noncompete will be legally enforceable.

Florida courts often examine noncompete agreements, as well as their terms, in order to determine if the agreements are reasonable or not. For example, if an employer tries to dictate that an employee cannot work in his or her chosen field in any location whatsoever, this is clearly unreasonable.

On the other hand, if the employer demands that the employee does not approach any of the employer’s customers for a period of six months following employment, this would be a more reasonable demand.

If you signed a noncompete agreement as an employee, you may want to look at it from a legal perspective before you try to break the agreement. If you disregard a noncompete clause without solid grounds to do so, you could find yourself in legal trouble later.

Source: The Balance, “What Is a Noncompete Agreement?,” Alison Doyle, accessed Feb. 01, 2018

With the #metoo movement, which has unfolded over social media during the last several months, many Florida residents have become more aware of sexual harassment than ever before. What some Florida residents may have realized — like the many Hollywood celebrities who have come forward — is that they too have been victimized by sexual harassment.

When keeping an eye out for instances of sexual harassment in your workplace — particularly when it’s directed at you — be sure to look for the following scenarios:

Unwelcome touching: Notice if a coworker touches you, and pay attention to how you feel. Really, no one should be touching you in any way at the office. However, in some cases, the act is entirely innocent. You will always know the difference. If, at any time, when a coworker touches you, there is any tinge of discomfort in you – or a feeling that you wish it would stop – then it’s time to consider whether you’re being sexually harassed. However, if you are charged with such a misdemeanour after doing something like reckless unlawful touching or pushing someone, you might need an experienced criminal attorney. Depending upon the degree of your offense, your attorney knows can persuade the prosecutor to lower or drop the charges against you. For unintentional mishaps, you can maximise the chances of a successful outcome.

Comments about your body: If your coworker makes comments about your body and your appearance, keep an eye out. Either ask the coworker to stop, or monitor the behavior to see if it ever makes you feel uncomfortable.

Quid pro quo requests: These are requests that you perform some kind of sexual favor, or maybe just to go out to dinner with someone, in exchange for some kind of benefit. Alternatively, you might simply be told that you will lose your job if you don’t do it. This is clear and unlawful sexual harassment.

The #metoo movement shows just how important it is for us to see and here examples of sexually inappropriate behavior. This way, we have a better chance of recognizing it immediately when it’s happening in our own lives. Indeed, due to the subtle ways that sexual harassment starts, it’s sometimes easy to dismiss the behavior as something innocent, or something that will stop when it’s ignored — nevertheless, in many cases it continues until it becomes unbearable. If you’re in a situation like this, the law is on your side. Be sure to investigate your legal rights and options.

Non-compete agreements are often a standard contract that employers require employees to agree to. Generally, it stipulates that an employee cannot gain information from their employer and then use the information in service of another business. This protects a company’s trade secrets and other proprietary information from potential exploitation by another business in the same sector.

There are a number of reasons, however, why you might need to nullify such an agreement. Perhaps your non-compete prohibits you from establishing your own company or seeking employment elsewhere. The following are three of the most common reasons why this contract may be invalid.

1. Time or location limits

Non-compete agreements cannot reasonably be unconditional. If an agreement indicates that you cannot work for a competitor, for example, there is typically a time limit on this restriction. Sometimes a geographic limit is in place, too, limiting the restrictions to a certain area. In either case, engaging competition outside of the specified time or location would deem the contract’s terms inapplicable.

2. No legitimate business interest

In order to be valid, a company must base a non-compete agreement on the protection of a legitimate business interest. An employer cannot restrict you simply for the sake of limiting your actions. According to the Tampa Bay Tribune, legitimate business interests may include maintaining sensitive client information or protecting investments such as special training and educational compensation.

3. Breach of contract

Many employers forget that a contract is a two-way agreement, and if one side violates the terms, it might render the contract invalid. Of course, employers will quickly make note of an employee’s violation of a contract, but employees should likewise be attentive to their employer’s adherence to the terms of the non-compete agreement. A violation on the company’s part would likely constitute a breach of contract and free you from its stipulations.

If someone were to tell you that United States taxpayers have paid for hundreds of thousands of dollars worth of sexual harassment settlements, the idea would seem ridiculous. The fact is, it’s true.

The current law allows for U.S. federal tax dollars to cover the sexual harassment settlements relating to the sexual misconduct of U.S. congresspersons and senators. However, a newly proposed piece of legislation could change this. The new law would require the lawmakers themselves to pay for sexual harassment settlements out of their own pocketbooks.

The newly-introduced bipartisan legislation has been created in the wake of numerous allegations of sexual assault and sexual harassment against high-profile politicians in the Senate and House of Representatives. The countless allegations of assault and sexual harassment have resulted in six members of Congress taking early retirement and resigning from their posts. Among those who have exited their political seats of power are Sen. Al Franken and Rep. John Conyers, both of whom were taken out by the #MeToo movement, which encouraged women from all walks of life to call out their harassers and abusers.

If successful, the new legislation will require congressional lawmakers to use their own money to settle with their accusers rather than tax dollars. The updated legislation will also permit accusers to submit sexual harassment complaints without the need to execute a nondisclosure agreement.

There is no excuse for sexual harassment in any area of life, be it friendship, professional or even at a bar or on the dance floor. If you have been the victim of on-the-job sexual harassment, you too can join in the #MeToo movement. Make your voice heard, learn about your legal rights and help prevent others from being victimized by this unconscionable, deplorable and inhumane treatment in the future.

Every employment contract will be different, but there are certain common provisions that you’ll see again and again. Employees and employers alike should familiarize themselves with the following provisions and what they mean.

Confidentiality agreement: These clauses prevent employees from sharing company trade secrets and other confidential information and intellectual property.

Noncompete agreement: These limit an employee’s ability to compete with the company while employed and for a period of time after employment.

Ownership of inventions agreement: If an employee invents something within the course and slope of his or her employment, this provision could ensure that the company will own the invention.

Best efforts agreement: These provisions ensure that employees will do the best job that they can.

Exclusive employment agreement: This prevents employees from working in the same or similar capacity for another company in the same business.

No additional compensation agreement: This prevents employees from getting more money for serving on a managing committee or as an elected officer or director of the company.

No authority to contract agreement: This means that the employee cannot enter into a contract on behalf of or as an agent of the company.

Termination agreement: This offers guidelines for terminating the employment contract.

Arbitration agreement: Arbitration clauses require employees and employers to arbitrate any disputes related to the contract instead of going to court to resolve them.

Choice of law agreement: These indicate in which state any employment disputes shall be litigated.

Does your employment agreement have any of the above provisions? Is there another kind of provision contained in your agreement that you don’t understand? Whether you’re an employer or an employee, make sure that you completely understand the legal implications of any employment agreement and all the provisions it contains before you sign the document.

Sex discrimination refers to the unequal treatment of workers on the basis of their sex. It is widely known that women often have to endure unequal pay for doing the same level of work as their male counterparts. However, what isn’t widely known is that women who endure this kind of unequal treatment may be able to pursue a discrimination lawsuit.

Discrimination on the basis of an employee’s sex is prohibited by Title VII of the Civil Rights Act of 1964. This civil rights law protects women and men from any unequal and unfair action against them on the job. For example, an employer cannot pass up a female job applicant in favor of a male applicant on the basis of sex alone. The same goes for the issuance of raises and other employment benefits.

Here are two things that Title VII prohibits in terms of sex discrimination. Employers cannot:

• Refuse to hire or choose to fire someone, or discriminate against him or her in any way, on the basis of sex. This applies to employment terms, compensation, employment privileges and other factors.
• Segregate, limit or classify job applicants or employees for specific jobs on the basis of sex.
• Retaliate against employees who oppose or complain about discriminatory practices on the part of the employer.

Victims of sex discrimination are sometimes unaware that they are being treated unequally. However, if you stay alert to potential issues that can develop — such as always staying in the same level position while other employees appear to rise up in the ranks or never receiving a raise — you might have a better chance of catching sex discrimination when it happens, and taking action to put a stop to it immediately.

Source: FindLaw, “Sex – Gender Discrimination: Overview,” accessed Jan. 05, 2018