Unlike the laws of some other states, Florida courts generally enforce non-compete agreements so long as they are reasonable in time, geographic area and line of business. To be enforceable, the non-compete agreement must be necessary to protect an employer’s legitimate business interest. Legitimate business interests are defined as trade secrets, valuable confidential business or professional information, relationships with customers, patients or clients or extraordinary or specialized training.
As a practical matter, non-compete cases move through the court system more rapidly than most other types of cases because an employer trying to enforce a non-compete agreement typically will ask the court, on an emergency basis, to enter an injunction and enforce the non-compete agreement against a former employee who has either started his own competing business or who has been hired by a competitor. These hearings on motions for temporary injunctions often functionally end the litigation because depending upon the court’s ruling the former employee will either prevail and have the right to continue working until the case goes to trial (many months or years later) or will lose and instantly be prohibited from competing with his former employer.
Another unique aspect of non-compete litigation which differs from most other types of civil litigation cases, is that the prevailing party is entitled to recover his attorney’s fees from the losing party. Because the stakes are so high, counsel with experience in this area of the law should be selected to represent your interests.
about mark goldstein
Mr. Goldstein has been a practicing trial lawyer in South Florida for over Twenty years and has significant experience litigating the enforcement of non-compete agreements on behalf of employers and employees.