Fort Lauderdale Non Compete Agreement Lawyer

Fort Lauderdale Non Compete Agreement Attorney

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.

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.

Florida’s CHOICE Act: Understanding the New Law

On July 1st, 2025, a new law will take effect in the state of Florida, affecting non-compete agreements. Under the new provisions of the CHOICE Act, all non-compete agreements in the state will be extended to four years. This will also enact a “garden leave law” in the state, which deals with the period of time that usually follows the resignation of an employee when that employee is still working or being paid during that resignation period.

Under current law, non-compete agreements typically last up to two years. Now, however, if the non-compete agreement meets certain requirements of the new law, these agreements can be extended up to four years. Additionally, a judge will be allotted much less discretion when choosing whether or not to enforce the agreement if a legal dispute were to arise between the involved parties.

Unlike other states, which are working to limit or even ban their non-compete laws, Florida is going in the opposite direction. In fact, 8% of states have already completely banned non-compete agreements, including California, North Dakota, Oklahoma, and Minnesota.

Under these new provisions laid out in the CHOICE Act, or the “Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act,” two new statutes will apply to employees and employers alike later this summer. These statutes include:

• Covered non-compete agreements. Under this new law, an employer has the ability to restrict a former employee from working in a similar role or using the confidential information of that company–such as a client list–for up to four years rather than the original two. However, the non-compete period can be reduced day-for-day by any non-working period prior to garden leave.
• Covered garden leave agreements. Under the new law, these agreements can allow employers to require their employees to provide up to four years of advance notice before termination. During this period of time, the employees may continue to receive their benefits and salary, but are not allowed to work for other similar employers without the permission of their original employer.

These new statutes under the CHOICE Act will apply to the following parties:

• Any employees or independent contractors who are earning more than twice the annual mean wage of their county.
• Any employee or independent contractor who has access to confidential information, such as a client list or access to customer relationships. However, in order for this to apply, the employee must be able to confirm their access in writing.

Keep in mind that many physicians in the Fort Lauderdale area will be exempt from the law. Other key elements of the new law under the CHOICE Act include:

• Notice and acknowledgment. Employers in Fort Lauderdale must provide the agreement at least seven days before the employment offer expires. Employees must then acknowledge any receipt of confidential company information or customer relationships.
• Enforcement. Courts will be required to issue preliminary injunctions to enforce these agreements should there be an alleged breach. However, an employee can challenge such action through clear evidence under certain circumstances.
• Clause of misconduct. An employer has the ability to reduce the salary or benefits of any employee who engages in gross misconduct without such reduction breaching an agreement.
• Legal remedies. The party who wins the dispute case will be allowed to recover their attorney fees and other legal damages should they wish to do so.

Because every employer in Fort Lauderdale is different, there are some companies that may choose not to implement a four-year non-compete agreement. As with any new law, however, the limits will be put to the test in court, and it is vital to have a non-compete lawyer by your side. At the Law Offices of Gary A. Costales, P.A., we are here to serve you.

FAQs

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.