Employment agreements contain restrictive covenants on future employment for a variety of reasons. A business may want to protect its relationships with its current clients. A non-compete agreement also helps to protect trade secrets your business has grown over the years. A non-compete attorney with Christopher M. Sprysenski, P.A. is available to assist you or your business with defending or enforcing an employment agreement containing a non-compete provision.
If you are facing non-compete litigation, a non-compete attorney must carefully review the agreement containing the non-compete provision to determine your rights. Under Florida law, the first thing that needs to be determined is the time the agreement was created. One law governs the enforcement of non-compete agreements entered into before July 1, 1996. Another statute applies for agreements entered into before July 1, 1996.
Under either law, a business cannot restrain normal competition by contract without special facts existing. These special facts result in an employee gaining an unfair advantage in future competition with the employer in the absence of the non-compete agreement. A non-compete attorney must show that a restraint is reasonably necessary to protect a legitimate interest of the business.
In order for a non-compete attorney to have the court enforce a restraint on an employee’s future employment, the non-compete attorney must show that the restraint is reasonably necessary to protect a legitimate business interest of the employer. Once this is established in court, the employee defending against enforcement must show that the restraint is either overbroad, overlong, or not necessary to protect the business.
A court will review whether the restraint is overbroad or overlong. The court will look at the distance of the restriction, the length of the restriction, and the areas of business the restraint covers. If the court finds that the restraint is too restrictive in any of these areas to protect the business, the court has the power at the request of a non-compete attorney to modify the restriction such that it reasonably protects the employer.
When looking at the length of time of the restraint, the court has certain presumptions it must operate under. A court will presume as unreasonable in time any restraint more than two years in duration. If a court allows for an injunction for any period longer than two years without evidence sufficient to rebut the presumption, the injunction could be vacated at the appellate level.
The most common way that a non-compete agreement will be enforced is through a temporary or permanent injunction. A non-compete attorney should discuss with any employer trying to enforce a restraint that the court will more than likely require the employer to post a bond prior to an injunction being issued.
At Christopher M. Sprysenski, P.A. we understand that the customer lists and trade secrets of your business are important to your continued success. For our business clients, a non-compete attorney with our firm is available to assist you enforce a non-compete restriction against a former employee. We carefully examine the facts surrounding the entry into the agreement, as well as detail why a restraint is necessary to protect your business. For employees being faced with a non-compete lawsuit, a non-compete attorney will help determine what defenses can be raised so that your ability to work is not unreasonably restricted.
Need representation for a non-compete lawsuit? Call us today at 407-630-8485 to schedule a consultation with a non-compete attorney who can provide you with options to help you meet your goals.