A lawyer focusing on complex corporate litigation in Orlando, Florida can explain that non-compete agreements are enforceable in the state. However, this alone does not prevent challenges to these types of agreements which many believe are an unnecessary restraint on trade. Some of the factors that cause angst and complex corporate litigation in Orlando, Florida with these types of agreements include:
Legitimate Business Interest
Before a Florida court will enforce a non-compete agreement, it will analyze what legitimate business interest the employer is seeking to protect. Some legitimate interests include:
- Trade secrets
- Significant relationships with customers
- Specialized training
- Marketing areas
It is up to the employer to establish what it is trying to protect.
Extent of Restrictions
The court can also consider how restrictive is, such as causing the employee not to be able to find other work in the same industry. Rather than imposing a harsh penalty on an employee, some employers may agree to mediation to help revise the agreement in a way that still protects their interests while protecting the former employee.