Miami Non Compete Agreement Lawyer

Miami Non Compete Agreement Attorney

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.

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.

Understanding the New Florida Non-Compete Law

Starting on July 1st, 2025, Florida will be adopting a “garden leave law” under the CHOICE Act, in which all non-compete agreements in the state will be extended to four years. This move will change the nature of non-compete agreements in the state and will also enact “garden leave,” or a period of leave that usually follows an employee resigning from their position, but who is still working or being paid during their resignation period.

Based on the nature of a non-compete and if it meets the requirements of the law, these legal agreements can be extended up to four years instead of the two years that stand under the current law. Under the Florida CHOICE Act, a judge will have less discretion when it comes to their choice whether or not to enforce the agreement.

Florida is one of the few states adopting the new provisions, as many states are working to eliminate or curtail their noncompete laws. In fact, there are four states with non-compete bans in place, including California, Minnesota, Oklahoma, and North Dakota.

Under the CHOICE Act, the following two statutes have been established:

• Covered garden leave agreements. These legal agreements will work to allow Florida employers to require their employees to provide no more than four years of advance notice before termination. During this time, employees will continue to receive their allotted salary and benefits, but are not allowed to work for other employers without the permission of their previous employer.
• Covered non-compete agreements. Under this area of the new law, an employer has the ability to restrict past employees from working a similar job, taking on a similar role, or using confidential information in a new line of employment for up to four years. The non-compete period can be reduced day-for-day by any non-working portion of a prior garden leave period.

Under the CHOICE Act, it is crucial for employers and employees alike to understand where, how, and to whom this new law applies. These eligibility requirements include:

• Any employee or independent contractor who is earning more than twice the annual mean wage of their Florida county.
• Employees or independent contractors who have access to confidential information or access to customer relationships. However, to be viewed legally under this law, the employee must be able to confirm their access in writing.

An important thing to note, however, under the Florida CHOICE Act, is that most physicians in the state will be exempted from the law. Other provisions laid out in the CHOICE Act include:

• Notice and acknowledgment. Employers must be able to provide the agreement at least seven days before the expiration date of the employment offer and will need to advise employees of their right to seek legal counsel. Employees must also acknowledge receipt of confidential information or relationships with clients and/or customers.
• Enforcement. Under the new law, courts are required to issue preliminary injunctions to enforce these agreements if there has been an alleged breach. However, employees have the ability to challenge these injunctions by providing the courts with clear and convincing evidence under certain circumstances.
• Clause for misconduct. An employer in Miami may reduce the salary or the benefits of an employee if that employee engages in any kind of gross misconduct. This reduction will not be considered a breach of a non-compete agreement.
• Legal solutions. In a dispute, prevailing parties are entitled to recover their attorney fees and any related damages.

Keep in mind that every employer in the Miami area is different, and some companies or businesses may choose not to have four-year non-compete agreements based on several factors. Other companies may decide to limit the agreements in certain situations. As with any new law, its limits shall be tested in court, and the team at the Law Offices of Gary A. Costales, P.A. will be here for you every step of the way.

FAQs

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.