Tag Archives: NonCompete

FLORIDA NON-COMPETE LAW: ANTITRUST ISSUES WHEN EMPLOYERS AGREE NOT TO SOLICT EACH OTHER’S EMPLOYEES

Many employers possess confidential information vital to generating profits. Employers routinely entrust employees with this information to facilitate business operations, but employees often leave their job after a few years to work for a competitor. When this happens, the employee … Continue reading

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FLORIDA NON-COMPETE AND RELATED TORT LAW: WHEN DO AN EMPLOYEE’S ACTIONS BEFORE ENDING EMPLOYMENT CONSTITUTE TORTIOUS INTERFERENCE AS OPPOSED TO LAWFUL PREPARATION TO COMPETE?

It is well settled in Florida law that “an employee does not violate his duty of loyalty when he merely organizes a corporation during his employment to carry on a rival business after the expiration of his employment.” Fish v. … Continue reading

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FLORIDA NON-COMPETE AGREEMENTS: CAN A LOST OR STOLEN AGREEMENT BE ENFORCED?

Under Florida law, a restrictive covenant is not enforceable “unless it is set forth in a writing signed by the person against whom enforcement is sought.” Fla. Stat. § 542.335(1)(a).  So, what happens if the written agreement is lost, destroyed … Continue reading

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Is Interference from Over Agressive Noncompete Litigation to Blame for Slow Wage Growth?

Despite a strong jobs report on May 3, 2019, wage growth continues to be a disappointment. See Axios post, “The Mystery of Sluggish Wages.” I don’t have all the answers, but I can point to at least a partial explanation … Continue reading

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ENFORCEMENT OF NONCOMPETE AGREEMENT: WHEN CAN COURTS CONSIDER INDIVIDUALIZED HARDSHIP?

Under Florida law, noncompete agreements signed after July 1996 are governed by Florida Statutes § 542.335.  This statute is the basis for court decisions as to whether any non-competition contract can be enforced in the State of Florida.  Over the … Continue reading

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