Non-Compete Agreements are designed to protect your business from losing valuable skills and knowledge to a rival company. In a highly demanding and competitive business climate, abiding by their obligations is critical to your enterprise’s continued prosperity and survival.
Unfortunately, even the most robust and expertly drafted Non-Compete Agreement cannot stop a party from violating its provisions. Whether out of negligence or bad faith, there will always be individuals who will violate an agreement regardless of its legally binding nature.
That is why Jurado & Associates, P.A. specializes in Non-Compete Litigation. With a wide range of business law services that include drafting Non-Compete Agreements, our Litigation Lawyers are well acquainted with these legal instruments and how to enforce them in a court of law.
Is there Grounds for a Case? Understanding Non-Compete Agreements
As a type of contract, Non-Compete Agreements are legally binding on the parties that have signed onto them. That means the terms, conditions, and obligations set forth in these agreements can be enforced by the courts, and that breaching these duties can entitle to the innocent party to monetary damages.
Like any contract, a Non-Compete Agreement can take many forms; for example, it may also be called a “Covenant Not to Compete” or simply a “Restrictive Covenant.” Regardless, at its basic level, such an agreement allows an employer to restrict the actions of an employee even after their employment is over (and regardless of whether they resign or are terminated).
Specifically, an employee is not allowed to work for an employer in the same field; in some cases, there are additional provisions to prevent the employee from using information learned during their employment to start a business that will compete with the ex-employer.
For a Non-Compete Agreement to be enforceable in Florida, its scope must be reasonable. This means the extent to which the employee is restricted cannot be excessive in terms of time, geographic scope, and market. Hence, an agreement that permanently bars an employee from ever working for a competitor will very likely not be enforced by a court. Likewise, restricting an employee from working anywhere in the State of Florida, or from working in a completely different industry from your own, will also be unlikely to pass legal muster.
Thus, before any Non-Compete Litigation can proceed, it is critical to understand the facts of the case, including carefully scrutinizing the Non-Compete Agreement in question, understanding the specific actions and circumstances that purportedly constitute a breach, and ensuring that the agreement meets the statutory requirements under Florida law.
Non-Compete Litigation and Temporary Injunctions
By their very nature, Non-Compete Agreements conflict with Florida laws and policies encouraging free enterprise and competition. They are permitted as exceptions under certain circumstances that must be proven in court. That is why our Litigation Attorneys exercise careful attention to detail in both preparation and litigation of your case.
The primary goal of Non-Compete Litigation is to obtain a temporary injunction. This is a court order that requires a party to stop doing something—in this case, a former employer asking the judge to order a former employee to stop competing against the employer for a specified timeframe (generally the period set forth in the Non-Compete Agreement).
Protect Your Business with Jurado & Associates, P.A.
In the fast-paced and challenging business world, you literally cannot afford to have undue competition in violation of your contract. You have rights under a Non-Compete Agreement that can and should be enforced by a court of law. As passionate entrepreneurs ourselves, Jurado & Associates, P.A. understands the importance of Non-Compete Litigation from both a personal and legal perspective. That is why we approach every case with the same individualized services and zealous dedication to our clients. If you are facing Non-Compete Litigation, or simply wish to learn more about our services, call (305) 921-0976 or email Romy@juradolawfirm.com.