Boca Raton Non-Compete Agreement Lawyer

Boca Raton Non-Compete Agreement Attorney

Many employers present employees with non-compete agreements as a way to protect their businesses and trade secrets. Sometimes, employers and employees can disagree on what the terms of a non-compete mean, or even on whether the contract is fair and reasonable. If you are in the Boca Raton area and need legal advice regarding a non-compete agreement, contact an experienced Boca Raton non-compete agreement lawyer to help you.

At the Law Offices of Gary A. Costales, P.A., we have over two decades of experience serving clients in all aspects of employment law. For our businesses and individuals, we provide sound legal advice from a position of knowledge and advocate for client rights in negotiations and contractual issues. We are conveniently located for our Boca Raton clients, who can meet with us in our office at 1200 North Federal Highway.

Non-Compete Agreements

As of 2023, there were 14,602 businesses in Boca Raton. There are several dozen businesses specifically providing pet grooming services in Boca Raton. Groomers may have specific products, methods, and processes they use to serve their clients. If an employee works for one business, learns all those trade secrets, and then leaves to start a business in competition with their current employer or work for a competitor, that could lead to financial losses for the first business.

Non-compete agreements are contractual documents signed by employees that state that they will not start a business in competition with their current employer or go to work for a competitor within a certain distance from the original business or within a prescribed time frame. For example, if a dog groomer had a non-compete, it could stipulate that an employee cannot legally start or work for a competitor within 200 miles or within two years of their employment.

Non-compete agreements are a common measure businesses use to protect themselves. According to the Federal Trade Commission, over 30 million Americans were subject to an active non-compete agreement as of 2024.

Inclusions in a Non-Compete Agreement

Florida law specifies what can and cannot be included in a non-compete agreement in a statute called the Florida CHOICE Act. According to this law, employers must abide by the following requirements concerning non-compete agreements:

• The employee in question must be advised that they can seek legal counsel before signing the agreement.
• The agreement includes an acknowledgment that the employee will have access to confidential information or trade secrets.
• The employer must provide current employees or prospective employees with a seven-day period to consider the non-compete.

The terms of a non-compete agreement can vary widely because they are tailored to specific employers and their business needs. Generally, non-compete agreements can prohibit employees from forming a business in competition, working for a competitor, or working for another business that provides similar services within a certain geographical area or a specified period after their employment with the employer listed in the agreement.

There are no specific limits to the geographical area or time constraints an employer can impose in a non-compete agreement. However, whether an agreement is enforceable may depend on whether the terms are considered reasonable by a judge. In typical cases, non-compete periods that exceed two years can be considered excessive. Similarly, geographic constraints that encompass very large areas, like an entire state, can be deemed unreasonable and unenforceable.

Hire a Non-Compete Agreement Lawyer

If an employee violates a non-compete agreement, you have legal options to pursue a remedy. Under Florida law, if an employee is found to be in violation of a non-compete agreement, an employer can request a court injunction against the employee. These injunctions can legally require that the employee in question not provide similar services to those covered in the non-compete to anyone other than the employer for three years.

If you need to draft a non-compete agreement for your business, or if you need help with enforcing one, you should hire a non-compete agreement lawyer to provide advice. Your attorney can advise you of your legal rights, point out any potential issues, and help you determine what steps you can take to enforce an agreement.

At the Law Offices of Gary A. Costales, P.A., we can help in all aspects of non-compete agreements. Whether you are asked to sign one, you need one drafted, or there is a potential violation, our team can give you the confidence you need to pursue a successful outcome and protect your rights.

FAQs

How Much Does It Cost to Hire a Non-Compete Agreement Lawyer in Boca Raton?

The cost to hire a non-compete agreement lawyer in Boca Raton varies depending on the individual rates and fee structures set by attorneys, the complexity of your needs, and the amount of time the lawyer expects to spend working on your behalf. Most lawyers require an up-front fee, called a retainer, to begin using their services. Their actual working hours are then billed against this retainer, meaning clients do not have to be invoiced for each individual hour.

Are Non-Compete Agreements Limited to High-Level Executives?

Under current Florida law, non-compete agreements are not limited to high-level executives. They can be applied to any employee if the employer can establish that the employee will have access to trade secrets or confidential customer information that they could use to unfairly compete with the employer. If you have concerns about which employees can be covered under a non-compete, consult your attorney.

Can I Sue an Employee for Violating a Non-Compete Agreement?

As an employer, you can sue an employee for violating a non-compete agreement. However, you can only sue if there has been monetary damage resulting from the violation of the non-compete. You can also ask a court to enforce the non-compete by enjoining the employee from providing competing services for three years and enjoining businesses from hiring the employee for three years.

Can a 1099 Contractor Be Asked to Sign a Non-Compete?

A 1099 contract worker can be asked to sign a non-compete when they contract for your business. The same restrictions that apply to regular employees also apply to contract workers. The non-compete must be in place to protect trade secrets or client information to which the contractor will have access.

Boca Raton Non-Compete Agreement Lawyer

If you are a business owner with questions about non-compete agreements or how to enforce an existing one, you need knowledgeable legal counsel to advise you of your rights and responsibilities. Contact the Law Offices of Gary A. Costales, P.A., today to discuss your needs. Our team has the knowledge and experience you can count on when you need it most.