What Is A Non Compete Agreement Florida
Your non-compete obligation should be limited to the geographical area in which you actually operate or where you reasonably expect to do business in the near future. As a result, New York`s highest court in the Brown & Brown case finally considered whether Florida`s non-compete clause was enforceable in New York courts. The court directly noted that while the parties are generally free to enter into contracts as they wish, including choice of law provisions, New York courts would not enforce agreements where the chosen law violated "a fundamental principle of justice." 29 The General Court went on to state that that exception was reserved for public policy `to foreign laws which are genuinely repugnant`. 30 Non-compete obligations and other restrictive agreements have four main forms: in Brown & Brown, Inc.c. == 34 N.E.3d 357 (2015), the New York Court of Appeals described Florida`s non-competition clause as "truly disgusting". An Alabama court ruled in 2001 that Florida`s non-compete clause violated Alabama`s public order and that in that case, Alabama law would apply instead of Florida law. In 2008 in Illinois and in 2012 in Georgia, there were similar results: Florida`s non-compete clause was found to be contrary to public order and local law was applied in the lawsuit. Since a non-compete obligation can seriously limit your livelihood, you should have the agreement reviewed by an experienced lawyer before signing it. Keep in mind that the court will not consider the economic hardship you face if the non-compete obligation is enforced. Nor will the mere claim that the agreement is somehow unfair nullify the non-compete obligation. They must provide concrete legal evidence demonstrating why the non-compete obligation is inapplicable. If you have already signed a non-compete agreement and want to change jobs, you should talk to an employment lawyer before you leave to plan an action plan. Florida law recognizes the validity of a non-compete obligation.
Florida companies can enter into agreements with their employees that limit employees` ability to compete with the company for a period of time. .