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Non-Compete Agreement

Posted by attorney Linda Liang

Recently Non-Compete Agreement seems to be a hot topic raised by the clients in the office. Laws governing enforceability of a non-compete agreement is a tricky one by nature anyways.

In a nutshell, non-compete agreement is a restrictive covnent entered into by both employer and employees. Employer has the right to fire the employee if he or she refuse to sign this agreement because after all, this is part of labor contract between the employer and employee.

Good news is court of equity sometimes set aside non-compete agreement. Florida statute governing non-compete agreement stipulates that an enforceable non-compete agreement should be one in which, 1) the time frame is reasonable; 2) the geographical area is reasonable; 3) the interest protected is legitimate. The protected interest list includes customer relationships.

Any moving party bears the burden of proof. If you are an employee, if you can prove any one of the above three items, you will be in good shape. However, a lawyer's assessment based on your specific circumstances is a must for prevention of disasterous economic damages.

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