Category: Employment Law (Non-Competes)

Enforceability of Noncompete Agreements in a Remote Workforce Today, many businesses are shifting their workforce from in-office positions to remote work. These remote positions have opened the door, and state lines, to hiring employees who reside outside of the state where the employer typically conducts business. As with traditional in-office positions, businesses frequently require the […]

A charge of discrimination is a signed statement alleging that an organization engaged in employment discrimination.  It requests the Equal Employment Opportunity Commission (EEOC) take remedial action. In order to file a lawsuit for unlawful discrimination, most of the laws enforced by EEOC, except for the Equal Pay Act, require you first file a charge […]

To meet the definition of a trade secret under Florida law, a business must establish that the specific information it seeks to protect has independent economic value and that the business made reasonable efforts under the circumstances to maintain its secrecy. Therefore, it is important for businesses to know what constitutes “reasonable efforts” under Florida […]

When an employee is terminated or resigns from their job, sometimes employers will present the former employee with separation or severance agreements, which specifies the terms of the employee’s separation from their employment. These agreements release legal claims that the employee may have against the employer, and, in exchange, the employee receives compensation or other […]

Although not a requirement before filing suit, former employers oftentimes send cease-and-desist letters to enforce noncompete, non-solicit, or nondisclosure agreements against former employees. Cease and desist letters remind former employees of their obligations under the agreement and provide written notice of the former employee’s alleged wrongful conduct. As a former employee, you should know there […]

Business divorce is exactly what it sounds like, it is a legal proceeding in which business partners end their business relationship. It can include some of the complexities and emotional entanglements of conventional divorce.  Each business divorce is unique and requires careful study of the relationship between the parties and clear goals for the outcome. […]

Whether you’re running a business or working as an employee, non-compete agreements will undoubtedly land on your radar at some point. Also known as a covenant not to compete, this agreement helps protect the company’s interests by restricting what the employee can say or do for a set amount of time. No matter which side […]

When properly drafted and enforced, non-compete agreements have the power to protect your business interests and bottom line. Well-known as a covenant not to compete, these agreements effectively prevent employees from putting your efforts to work against you. Working with a Florida non-compete attorney from day one can help ensure that you are protected to […]

While Florida has a very pro-employer non-compete statute, it is not without its limitations. In a recent Florida Supreme Court decision, the Court held that Florida’s non-compete statute does not cover non-compete agreements “whose sole purpose is to prevent competition per se” because they would be void against public policy. White v. Mederi Caretenders Visiting […]

Florida courts generally enforce non-compete agreements as valid restraints of trade or commerce if they are both (i) reasonably necessary to protect a legitimate business interest and (ii) reasonable in time, geographic area, and scope. §§ 542.18 and 542.335(1), Fla. Stat. What Kinds of Non-Compete Agreements Are Reasonable in Florida? For non-compete agreements that are not based on the […]