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Non Compete Clause Georgia Florida

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  • Non Compete Clause Georgia Florida

    Does anyone know if non-compete clauses are legal in Florida? My son-in-law signed an employment contract that specifies that he cannot work for a competitor for 2 years after he leaves the company, regardless of the circumstances.

  • #2
    Non-compete agreements are enforceable in Florida, as a general rule. However, whether a specific non-compete agreement can be enforced turns on the specific provisions of the non-compete agreement, the facts when the non-compete arose and the facts around which it is sought to be enforced.

    You cannot draw any conclusion based simply on the fact that the general rule is that such agreements are enforceable. Your son-in-law should get specific advice on his own situation.
    David K. Staub (www.illinoisbusinessattorney.com)
    Forum posts are not legal advice, are for informational and educational purposes only, and are not a substitute for proper consultation with legal counsel.

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    • #3
      Fl. law, while strictly construing noncompete agreements against enforcement, does allow for such agreements. They must be in writing; reasonable time, geographic area, and line of business; and reasonably necessary to protect one or more legitimate business interests. In the context of the traditional employer and employee relationship, courts will presume any restraint six months or less in duration to be reasonable and more than two years in duration to be unreasonable.

      (FSA 542.33 pre July 1996 & 542.335 post July 1996)

      Any noncompete should really be reviewed by an employment or contract attorney in the area for advice.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Thank you for your assistance. It was helpful.

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        • #5
          You're very welcome.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment

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