Non-Compete Agreements and Enforcement

When you work hard to build a business, you do all you can to protect it against losses. Such is the case for many business entities in Miami and Broward who take measures to ensure their business remains sound in the face of liability losses, poor employment practices, and unexpected personnel loss, among others.

But there are times the threat can come from your very own pay roll. It is a fact of life that employees and professional often leave their prior companies with valuable trade secrets in hand. In this situation, the employee leaves an employer not only with his last pay, but also with insider knowledge.

Fortunately, companies can protect themselves from this kind of threat by having a well-crafted and enforceable non-compete agreement in place.

Non-Compete Agreements and Enforcement

ESQ.title aggressively protects the best interests of its clients through its practice of business law. The firm’s roster of business lawyers has been helping clients in the Broward, Miami, and Palm Beach areas navigate the confusing and tricky area of non-compete agreements.

The firm represents businesses, executives, senior level managers, physicians, and employees in negotiating, enforcing, and defending non-compete agreements. Whether the client is challenging the enforceability of the non-compete agreement, or whether the client is the company drafting the non-compete agreement, ESQ.title is ready to help.

Representation for Business Entities

Florida Statutes Section 542.335 sets out the law on “covenants that restrict or prohibit competition”. Non-compete agreements in Florida find root in this statute which draws guidelines for the reasonable duration of restrictions based on the parties’ relationships and general instructions of the agreement.

ESQ.title knows that there is no one-size-fits-all non-compete agreement. As such, it works closely with its business clients, determining their need for protection and basing the draft of the agreement on individualized evaluation. The non-compete agreement is made with every scenario of possible litigation in sight. So the firm’s business attorneys are careful to include all situations that might be detrimental to the client’s future.

Should litigation be the recourse, ESQ.title will stand by the client with assurance of the effectiveness of the non-compete agreement and litigate the dispute to a successful resolution through trial and appeal if necessary.

Representation For Employees

ESQ.title also has experience in representing employees who are challenging the validity of their employee’s non-compete agreement. A careful review of the non-compete agreement will help the firm’s lawyers determine if the agreement is indeed enforceable or not.

There are several reasons why a non-compete agreement may not be enforceable: First, if its conditions violate public policy. For instance, the time, scope and geographic reach of each agreement must be consistent with the law in order for the agreement to be valid. Some non-compete agreements can also be dissolved if the employer has taken actions which breach the agreement — this may happen with regards to compensation and benefits.

No matter is too big or too small to deserve legal opinion. Contact ESQ.title today for a free assessment of your situation.