Share

Non-Compete Litigation

In many different industries, the acceptance of employment comes with a requirement that, if you leave employment, you do not work in the same industry in a certain location for a certain amount of time.  Non-compete agreements also include other requirements that prevent the disclosure of trade secrets, working with certain clients, and the disclosure of confidential information. 

If you are trying to enforce a non-compete agreement or are attempting to determine whether the requirements are valid, you should hire a competent attorney that regularly handles these type of disputes.  In order to enforce or be freed from a non-compete agreement, the other party must know that you are serious about your position.  Hiring the Davis Law Firm is a good first step. 

Since non-compete agreements in Florida are construed specifically, you should know some facts about them:

-          In order to be enforced, a non-compete has to be in writing, signed by the person against whom it applies, and "reasonable in time, area, and line of business."

-          Before a court will enforce a non-compete, the business must show that it is seeking to protect a "legitimate business interest."

-          A person or business trying to enforce a non-compete has to prove that the specifics of the non-compete are "reasonably necessary" to protect that business. Once that burden is met, the former employee has to show that the restrictions are overbroad or not reasonably necessary to protect the business.

-          Courts have the ability to rewrite non-competes, making them shorter in duration or reducing their geographic area, although this is not common.

-          Because of the potential damage to a business if a former employee or the seller of a business violates a non-compete agreement, courts can issue specific orders that prevent that person from unfairly competing (temporary and permanent).

-          Courts also have the ability to award money damages for injuries to the business caused by a violation of a non-compete agreement. They also can award attorney’s  fees, even if the non-compete clause doesn't provide for them.

If you have an issue with a non-compete agreement, don’t try to handle it yourself.  Let the other side know that you are serious and hire the Davis Law Firm.

 


The Davis Law Firm is located in Jacksonville, Florida and serves clients throughout the states of Florida and Georgia, including Jacksonville, Miami, Pensacola, Orlando, Tampa, St. Petersburg, St. Augustine, Fort Myers, Daytona Beach, Panama City, Destin, Melbourne, Fort Lauderdale, West Palm Beach, Tallahassee, the Florida Keys, and everywhere in between.



© 2017 Davis Law Firm | Disclaimer
50 N. Laura Street, Suite 2500, Jacksonville, FL 32202
| Phone: 904.400.1429

Attorney Profiles | Firm Overview | Practice Areas | Coverage Co-Counsel | Contact Us

FacebookGoogle+TwitterLinked-In Company

Law Firm Website Design by
Amicus Creative