Legal Question in Employment Law in Florida

Re: Right to work law in Florida

There is a statute in Florida (542.335) which applies to restrictive covenants (non-competes) and states that an employer must have a protectible business interest in order to enforce one. non-solicitation of customers and employees are good examples of protectible business interests.

It becomes less clear when referring to a geographical radius. An employer cannot prevent "competition per se." The statute lists as a protectible interest good will associated with a particular geographic area.

In your line of work, I believe this would be upheld, as caterers are generally known locally. If you intend to compete with her in that region, you should be up front and tell her your plans. The two of you can then either carve out an exception to this which is agreeable to both, or you simply refuse to sign it and expect your employment with her to come to an end.

Re: Right to work law in Florida

If you are an independent contractor, you are agreeing to become an employee of a company by signing such an agreement. A 25 mile radius will likely be viewed as a reasonable non-compete area and would be approved in litigation over the agreement. Most of the disputes in this area pertain to the length of time for the non-compete to be in effect. I would suggest seeking the shortest possible duration rather than focusing on the mile restriction.

Re: Right to work law in Florida

An employer may require you to sign a non-compete agreement as a condition of employment. There are some geographic restrictions and some limitations, but 25 mile radius restrictions are routinely upheld (depending on the time period). This is a negotiating isue between you and your potential employer and for you to decide whether you want to work there, what your pay and benefits will be if you do so, and whether you are willing to live with the noncompete restriction.