FLORIDA NON-COMPETE DEFENSE: WHEN DOES A NON-COMPETE CONTRACT EXPIRE?

A non-compete covenant in an employment contract prohibits a former employee from competing with his/her former employer for a specified term after termination of employment. If the worker continues to work for the employer in a status other than an “employee”, then the starting point for the non-compete period may be affected. The determination of when the non-compete period begins to run depends on judicial interpretation of the contract.  Peter Mavrick is a non-compete lawyer who has extensive experience with non-compete agreements and defending against non-compete lawsuits. In Anarkali Boutique, Inc. v. Ortiz, 104 So. 3d 1202 (Fla. 4th DCA 2012), Anarkali Boutique, Inc. (“Employer”) hired Nahomi Ortiz (“Ortiz”) in 2008 and entered into an employment agreement.  The agreement prohibited Ortiz from working as an employee, independent contractor, officer, director, or shareholder, in any employment, business, or activity that in…

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