Miami Non Compete Agreement Lawyer
Employers and employees have certain rights and obligations in regard to non-compete agreements. Litigation and liability arise when an employer or an employee fails to understand what their obligations and rights are under the law. All parties involved in a non-compete agreement can work with a Miami non-compete agreement lawyer to review the terms of the agreement and ensure the limitations are reasonable, even after the agreement has been signed.
While non-compete agreements are typically legal and enforceable in Florida, there are certain requirements they must meet. The scope of these agreements cannot be all-encompassing, preventing an employee from ever regaining gainful employment in their field. This would make the agreement unreasonable and unenforceable. Employers need to consider the legitimate needs of their business when drafting non-compete agreements.
Exceptional Legal Representation When Addressing Non-Compete Agreements
Effective legal support helps employers and employees understand their obligations and rights in non-compete agreements. At the Law Offices of Gary A. Costales, P.A., we advise and represent clients in regard to the drafting, review, negotiation and litigation of matters related to non-compete agreements. Our firm’s attorney is a certified expert by the Florida Bar in employment and labor law, and our firm has worked for more than 20 years solely in employment law.
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Call (786) 446-7288 for a free telephone consultation with our office or use our contact form to tell us more about your situation.
In any dispute related to a non-compete clause, the most important issue is enforceability. Are the terms contained in a contract reasonable? Do they impose an undue burden on an employee that impedes his or her ability to rightfully earn a living? Avoiding legal problems in regard to non-compete agreements begins with understanding what sorts of restrictions a contract can reasonably impose on an employee.
Our firm can help employers review contracts before implementing them. We can also support employees who are under undue burden as a result of their non-compete agreements. We offer you effective and dedicated legal representation, supporting your rights as an employer or employee.
Understanding the Purpose of a Non-Compete Agreement
The goal of a non-compete agreement is to prevent an employee from competing against their employer. This agreement typically limits the employee from working with or for competitors or from beginning their own business in competition during their employment and for a period of time after the employer-employee relationship ends. It exists to protect a business’s interests.
However, there must be a legitimate reason for a non-compete agreement. An employer may be protecting the investment for employees that the employer provides through specialized or extensive training, trade secrets and other intellectual property, and other unique information. A legitimate business interest may exist if this information being provided to competitors can affect the employer’s clientele or lead to trade secrets being dispersed.
Non-compete agreements cause issues when they overly restrict the employee, preventing them from finding meaningful employment and making a living when their employment ends. It’s important for both employees and employers to understand what is a reasonable restriction in a non-compete agreement, and what is likely to make a non-compete agreement unenforceable.
The Terms Of A Non – Compete Agreement And Enforceability
Non-compete agreements for different industries are likely to have different requirements, and what is considered a reasonable restriction can vary based on the field of employment. The limitations cannot be permanent or prevent an employee from working in the field anywhere. In general, the following components of a non-compete agreement will determine if it is enforceable or not:
- Geographical restriction: Is the geographical limitation contained in the contract too broad? Does it create an undue burden on the employee for finding other employment where he or she currently lives or works? If the defined area is too large, it can be considered unenforceable by the court.
- Job restrictions: Are the kind of employment restrictions exclusive to working for current competitors or recruiting from current client lists? Or, do the job restrictions mentioned include companies and functions that are not linked to competitors? Non-compete agreements that include non-competitors or cover the employee’s entire field of work will likely not be enforceable.
- Length of non–compete agreement: Does the duration of a contract provide reasonable protection for an employer’s short-term business interests? Or is it meant to remain in effect beyond the time period needed to adjust to the loss of a particular employee?
- Restrictions on investment opportunities in a competitor: Does a non-compete agreement place unnecessary restrictions on the ability of an employee to invest in a competitor?
- Function or status of employee: Does the employee serve an essential function within the company? Do his or her job responsibilities warrant a non-compete?
Not all industries or employees require a non-compete agreement. If there is not a legitimate business interest in the existence of the agreement, then it will be unenforceable. A non-compete agreement also cannot result in harm to the general public.
Avoiding liability in matters related to non-compete agreements begins with understanding the issue of enforceability and how the court has typically chosen to treat non-competes. Attorney Gary A. Costales will help you understand the issues involved and the changing contours of employment law that continue to impact decisions in these matters.
Reviewing Non-Compete Agreements as an Employee
Prior to signing any legally binding agreement as an employee, you should always discuss it with an attorney. A non-compete agreement has the potential to affect your livelihood and your ability to support yourself if and when your employment ends. An attorney can help you understand the specifics included in the agreement and help you negotiate for more reasonable terms.
If you are an employee who has already agreed to a non-compete, an attorney can determine if you could challenge the agreement in court. In addition to unreasonable non-compete agreements, other rights violations by your employer can result in an unenforceable non-compete agreement.
FAQs
How much a non-compete lawyer costs depends on the type of legal support you need. Employers can work with non-compete lawyers to create agreements that are likely to be fair, reasonable, and enforceable. Employees can work with non-compete lawyers to review the agreement prior to signing or to defend their rights against an unreasonably restrictive non-compete agreement.
These services have different costs. An attorney’s fees also depend on their experience, their fee structure, and the complexity of your case.
If a non-compete agreement is fair and enforceable, you cannot beat it. Instead, you may want to determine your options outside of its time and geographic restrictions, including working for another employer outside the geographic limitation or waiting for the agreement to expire.
If these restrictions are unreasonable, then you may want to discuss the agreement with an attorney. The attorney can look over the specifics of the agreement and determine your options for negotiating with your employer or filing against them in court.
Yes, non-competes generally hold up in court in Florida. They must be legally valid and also be reasonable. A non-compete may not be upheld by the court if:
- The employee did not sign the agreement.
- The agreement does not describe a legitimate business interest for the existence of the non-compete, such as the industry’s client trust, unique training, or intellectual property.
- There are unreasonable restrictions on the employee’s ability to work in the industry, including a long duration of the agreement after termination.
Yes, a lawyer can help both employers and employees with a non-compete agreement, both prior to signing and after if there are disputes. An attorney can help review or draft contracts, determine if the agreement is enforceable, and negotiate the terms for the party they are representing.
If an employee agrees to a non-compete but later believes the terms are unreasonable, a non-compete lawyer can help the employee protect their financial and career interests, representing them in negotiations or in litigation.
Clarity On Non – Compete Issues Starts With A Phone Call
Contracts are a crucial element of professional relationships, and both employers and employees must be aware of the limitations and requirements of non-compete agreements when they sign them and take actions that are addressed by the contract. Employers must take care not to violate employee rights by imposing excessive restrictions. Employees must be aware of when they must follow a non-compete agreement and when the restrictions are unenforceable.
An experienced attorney can help employers and employees review these contracts prior to signing, ensuring everyone understands their rights and possibilities. At the Law Offices of Gary A. Costales, P.A., we can help either of these parties navigate non-compete agreements and disputes if they arise. Call 786-446-7288 or use the online contact form on this website to schedule a free phone consultation.
