Can I Fight Non Compete Clause In Florida Court?

How long can a non compete agreement last in Florida?

If the time period of the non-compete agreement is too long, it may not be enforceable.

Agreements of six months or less are presumed to be valid while agreements of more than two years are presumed to be invalid.

However, with sufficient evidence, the court may find that an agreement of more than two years reasonable..

Does a non compete apply if fired?

Even though a non-compete agreement can still be enforced when you are fired, you could potentially get out of it if the employer breaches your contract. … You can also get out of the agreement if the employer fired you for a reason that is not just or fair.

How much does it cost to fight a non compete?

On average, non-compete cases cost $10,000 or less. Many times an employer is seeking an injunction, which if the employer loses may result in a quicker resolution. Many times the issues are less factual and more legal. Legal issues require less discovery, which can be the most costly part of litigation.

Should I tell my new employer about my non compete?

Unless you have signed a non-compete clause, there is nothing that prevents you from accepting employment with a competitor, and therefore, nothing that compels you to disclose this information to your current employer.

Is a non compete clause enforceable in Florida?

Under Florida law, non-compete agreements may be enforced by the employer so long as they are reasonable with regard to time and geographical area, and protect a legitimate business interest of the employer as defined by Florida statute.

Is there a way around a non compete?

Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.

What can former employers say about you in Florida?

Florida, like states such as Virginia, has a job reference shield law which states that employers who disclose information about a former or current employee to another prospective employer upon request are immune from civil liability for such disclosure (or its consequences) unless it is shown—by clear and convincing …

Is it better to be fired or to quit?

“It’s always better for your reputation if you resign, because it makes it look like the decision was yours –– not theirs,” Levit says. “But if you resign, you may not be entitled to the type of compensation you would receive if you were fired.”

What can void a non compete?

Voiding a non-compete contract is possible in certain circumstances. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.

How well do non competes hold up in court?

Out of inexperience and confusion, many companies draft overly broad and restrictive non-compete agreements that won’t hold up in court. … One to two years is typically reasonable, while three to five years is unlikely to be upheld by a court.

Can an employer stop you from taking a second job?

Your employer can’t simply bar you from taking a second job if there’s nothing in your contract that stops it and there isn’t any obvious problems with your performance. … Some employers may be OK with you doing the same kind of work for other companies, but it’s best to get this in writing.

What happens if you go against a non compete agreement?

The simple answer is that if you violate a non-compete agreement that is legally valid and enforceable under state law you may end up having to pay money to your former employer. … In addition, the employer can also file a lawsuit against you for both money damages and an injunction.

Do employees have any rights in Florida?

These rights include the right to apply for work without being discriminated against, the right to a fair wage and fair compensation, the right to a safe workplace free from discrimination and harassment, and the right to take unpaid medical leave in certain circumstances without risking one’s job or health benefits.

Can I be fired for no reason in Florida?

Florida is an “at-will” state, which means that in most cases, Florida firing laws permit an employer to fire an employee at any time with or without cause. The employer also doesn’t need to give advance notice of termination.

How serious are non compete agreements?

Non-compete clauses are generally not enforceable. However, LegalNature’s non-compete agreement may still be used to prohibit the employee from soliciting other employees (but not customers) away from the employer.