West Palm Beach Non Compete Agreement Lawyer

West Palm Beach Non Compete Agreement Attorney

If you are an employee looking for a new start with another company in your field or an employer trying to prevent a former employee from joining a rival, you may need to look into non-compete agreements. Regardless of whether you are abiding by one or enforcing one, you need to understand the finer details of these agreements with the help of an experienced West Palm Beach non-compete agreement lawyer. They can determine what you need.

The legal team at the Law Offices of Gary A. Costales, P.A., can steer you in the right direction when it comes to handling or dealing with a non-compete agreement. The last thing you should do is sign something you don’t fully understand, especially when it could determine the future of your career. You want to make sure you are properly informed before you sign a non-compete agreement. A good lawyer can walk you through it.

A Non-Compete Agreement

A non-compete agreement is a legally binding contract between an employee and their employer that ensures the employee cannot seek employment with any competitors after their employment is terminated. Depending on the details of the agreement, the employee may also be unable to start their own business in the same field, especially if the work will be similar. Essentially, a non-compete agreement stops an employee from doing similar work elsewhere.

According to information from the Federal Trade Commission, an estimated one in five American workers may be subject to a non-compete agreement. That’s approximately 30 million workers in the country, with many of them based in Florida and forced to abide by the state’s employment laws.
It’s also estimated that many of the non-compete agreements these workers are told are enforceable are not actually enforceable, so many workers may be unaware of their rights.

If you are struggling to understand your employee rights as they exist under Florida state law, you may want to reach out to a local support group for workplace complications, such as the Employee Assistance Program (EAP). They provide confidential counseling to city employees and family members. There are also various mental health support groups, like NAMI Connection, that could be beneficial if your workplace struggles are starting to affect your mental health.

How Do Non-Compete Agreements Work in Florida?

For a non-compete agreement to be enforceable in Florida, it has to meet certain criteria that ensure the agreement is fair and balanced for the employee and the employer. Businesses invest multiple forms of resources into their employees, including time, money, training, knowledge, and secrets. Some companies use non-compete agreements to ensure their competitors can’t access their trade secrets. Here are the criteria a non-compete must meet:

• Valid Consideration: For an employee to agree to the restrictions outlined in the non-compete agreement, they must be offered something of value that shows the employer’s appreciation of their efforts. This could be a job offer in another part of the company, a generous severance package, or something wholly unique offered by the company as a gesture of goodwill.
• Legitimate Interest: A non-compete must be created out of a genuine need to protect certain business interests to be considered valid. It can’t be for the sole purpose of stifling the competition and dominating the market.
• Reasonable: Last but not least, the scope of the non-compete must be reasonable. The geographical area, the duration of the agreement, and the activities prohibited must be within a reasonable degree and cannot exceed what is necessary to protect business interests.

Navigating these complexities requires expert guidance to protect your business interests while maintaining fairness and enforceability. Choosing an attorney who specializes in this area can make all the difference in protecting your rights and achieving a favorable outcome.With decades of focused experience, Attorney Costales is uniquely equipped to navigate the complexities of employment law and deliver results in even the most challenging cases.  Don’t leave your future to chance—contact the Law Office of Gary Costales, P.A. today.

New Bill Signed into Law Affecting Non-Compete Agreements in West Palm Beach

If enacted, 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.

Under the new law, all non-compete agreements that meet certain requirements can be extended for up to four years rather than the current two years. Additionally, a judge will be allotted much less discretion when choosing whether or not to enforce the agreement should a dispute arise between the involved parties.

Unlike 8% of states, which are all-out banning the use of non-compete agreements, and many other states working to limit the powers of these agreements, Florida is moving in the opposite direction by ensuring their non-compete laws are stricter.

Under the new law, there are two main parts that will be established in Chapter 542 of the Florida Statutes, otherwise known as the “Contracts Honoring Opportunity, Investments, Confidentiality, and Economic Growth” Act, or CHOICE. These include:

• Covered garden leave agreements. These agreements will allow employers to require their employees to provide them with up to four years of advanced notice before their termination. During this period, employees have the ability to continue receiving their allotted salary or benefits but are typically not allowed, or otherwise restricted, from working for other similar employers without the permission of their original employer.
• Covered non-compete agreements. Under these new provisions of the CHOICE Act, an employer can restrict a former employee from working in a similar role or using confidential information, such as client lists, for up to four years. However, this period can be reduced day-for-day by any non-working portion of a prior period of garden leave.

In most cases, these new provisions will affect the following:

• Employees or independent contractors who have earned more than twice the annual mean wage of their Florida county.
• Any independent contractors or employees who have access to the confidential information of their prior company or information regarding client and customer relationships, as long as the employee can confirm such access in writing.

In many cases, physicians will be exempted from the law. Other key elements of this new bill include:

• Notice and acknowledgment. All employers must provide the agreement to an employee at least seven days before the employment offer expires, and also advise these employees of their right to pursue legal counsel. Employees must then acknowledge the receipt of any confidential information or customer relationships.
• Enforcement. Courts are then required to issue certain preliminary injunctions to enforce these agreements if there is an alleged breach. Employees have the ability to challenge these injunctions, however, through the use of clear and convincing evidence under certain circumstances.
• Misconduct clause. An employer in West Palm Beach has the ability to reduce the salary or benefits of an employee if that employee acts in any kind of gross misconduct. Such a reduction would not be considered a breach of agreement.
• Legal remedies. The party that prevails in a legal case regarding a non-compete agreement can be entitled to recover attorney fees and other legal damages.

It is important to keep in mind that every employer across the West Palm Beach area is different, and whether or not they choose to enact a four-year non-compete agreement will be based on several nuanced factors. Like any new law, the new provisions under the CHOICE Act will be tested in court, and the West Palm Beach non-compete agreement attorneys at Law Offices of Gary A. Costales, P.A., will be there to fight for you every step of the way.

FAQs

Reach Out to a West Palm Beach Non-Compete Agreement Lawyer Today

If you believe you are restricted by a non-compete agreement, you may want to reach out to an employment lawyer and find out if that agreement is actually as enforceable as you’ve been led to believe. An experienced lawyer can help you figure out the right course of action.

The legal team at the Law Offices of Gary A. Costales, P.A., understands how frustrating it can be to have your job opportunities restricted by a non-compete. We may be able to help you. Contact us to schedule a consultation with a valued team member today.