Legal Question in Business Law in Florida

Re: non-compete clause

No, however its reasonability can be looked at depending upon how the agreement was entered into, its time frame and location.

Re: non-compete clause

Florida absolutely recognizes covenants not to compete. However, because they tend to limit competition and infringe on trade and commerce, they are subject to scrutiny if not narrowly tailored. I have experience negotiating and reviewing non-competes on behalf of employeees, former employees, and corporations. If you need guidance and an intermediary then you may contact me directly at (305) 769-3000. Yours truly,

Randall L. Gilbert, Esq.

Re: non-compete clause

It is not true. You should consult with competent counsel to determine whether your specific situation falls outside the area of enforceable covenants.

Re: non-compete clause

Florida Statute 542.33 specifically allows contracts in restraint of trade, so the answer to your question is "no, it is untrue". There are provisions in some non-compete agreements that are void or voidable depending on the circumstances of each particular case. Before any competent lawyer gives you his or her thoughts on your problem, he/she would have to read the non-compete contract at issue and possibly review the pertinent case law and applicable Florida statutory authority to determine whether you have a basis to argue that the non-compete is unenforceable. If you want to pursue this course of action, feel free to call or write my office.