Fort Lauderdale Non Compete Agreement Lawyer
Non-compete agreements are a crucial part of certain industries, and both employers and employees need to be aware of the limits and abilities of these contracts. Generally, non-compete agreements are enforceable in Florida, but they can be unenforceable if they are unreasonable or unnecessary. Both employers and employees can benefit from a Fort Lauderdale non-compete agreement lawyer when reviewing these contracts and understanding the purpose they serve.
Find Skilled Legal Representation for Your Non-Compete Agreements
Legal representation ensures that you understand your legal abilities and responsibilities and helps you navigate disagreements in employment. The team with the Law Offices of Gary A. Costales, P.A., represents employers and employees as they draft and negotiate these agreements. Our firm also navigates non-compete litigation.
Our firm’s lawyer is a board-certified expert in employment and labor laws, and our team has significant experience in employment contractual 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.
The enforceability of non-compete agreements is a crucial aspect. When employers are creating the agreements, they must review the guidelines of these contracts to ensure that they are reasonable, while still protecting the company’s rights. As an employee, you want to ensure that you know what you are signing and how you can negotiate. If a non-compete causes you undue burden, our team can review your situation to determine if the non-compete agreement is fair.
At the Law Offices of Gary A. Costales, P.A., we provide accessible and effective legal representation. We understand the intricacies of employment law and how non-compete agreements can be formatted to protect the rights and responsibilities of employers and employees.
What Is a Non-Compete Agreement?
A non-compete agreement is an employer-employee contract that limits an employee’s ability to compete against the employer in their own work or by joining another company during their employment and for a period of time following their employment.
This attempts to limit the dispersing of business-specific information and trade secrets to the competition. Employees are trained for their work, and this training is often extensive. The employer invests in an employee by training them with the skills, company guidelines, intellectual properties, and other information.
Issues can occur when the non-compete agreements are overly restrictive, preventing an employee or former employee from making a living after they leave the company. The non-compete agreement may be for too long a period of time, restrict the employee from working for even non-competitors, or apply to a too-large geographical area. These restrictions can be considered unreasonable and make a non-compete agreement unenforceable.
What Are the Terms of a Non-Compete Agreement?
The terms of a non-compete agreement vary depending on the industry it is made for and what needs to be protected in that industry. Not all industries need non-compete agreements. If there is not a legitimate business interest in the non-compete agreement, it will not be enforceable. The information that a non-compete agreement should have typically includes:
- Employment restrictions. A non-compete agreement may limit an employee from working with specific companies in the industry or working from the employer’s client list. If these restrictions are too broad or include non-competitors, this may make the agreement unenforceable. The restrictions for competitors must be specific and necessary for the industry.
- Duration. These agreements must state the amount of time after leaving the company’s employment that an employee is unable to work for competitors. This is to protect the company’s short-term business needs. If the period of time is too long, it can be considered unreasonably restrictive.
- Geographic restrictions. The restrictions of a non-compete agreement must only apply to a specific geographic area. This must be a reasonable area, enabling the employee to find competitor employment outside the region. If the non-compete agreement covers too large of an area and creates an excessive burden for the employee, it can be unenforceable.
The non-compete agreement should also be signed by the employee in Florida to be enforceable. Working with a non-compete attorney can help both employers and employees create fair and reasonable contracts.
FAQs
The cost of a non-compete lawyer depends on the scope of the services requested, the attorney’s experience, and other factors. If an attorney is reviewing a draft of a non-compete agreement, they may charge a flat fee. An attorney who is negotiating or litigating the validity of a non-compete agreement will likely charge an hourly fee. A more experienced attorney is also likely to charge higher rates but will be better equipped to quickly help you meet your goals.
A non-compete agreement may be unenforceable in Florida if it does not meet the legal requirements. It will not meet legal requirements if:
- It is not signed by the employee.
- There is not a legitimate business interest in the agreement, such as trade secrets, specialized training, or customer or client good will based on another aspect of the company.
- The parameters of the non-compete agreement are not reasonably necessary, such as the restrictions for how long, how far geographically, or the scope of activities.
Typically, the purpose of a non-compete agreement in Florida is to prevent an employee from establishing or being employed by a competitor in the same industry throughout their employment or after it. These agreements only last a certain duration, however, and are limited geographically.
Because of these limitations, there may be options for an employee to work for a competitor outside of these limitations. If the limitations are too extreme, they may be unreasonable and unenforceable.
Yes, a lawyer can help you with a non-compete agreement, whether you are an employer or an employee. As an employer, an attorney can help you review the terms to determine if they are fair and reasonable and if they are likely to be enforced by courts. The attorney can also help you draft changes that better meet your goals. As an employee, an attorney can review a non-compete agreement before you sign it and determine what rights and obligations you have.
Non-Compete Agreements in Fort Lauderdale
Employer-employee contracts outline the obligations and rights of both, and it is crucial that all parties understand these rights and that contracts do not violate any standing employee rights. Reviewing contracts with an experienced employment contract attorney can help all parties involved in the non-compete agreement. Contact the Law Offices of Gary A. Costales, P.A., today to learn how we can help you.