The Elliot Legal Group, P.A. Offices | Fort Lauderdale and Miami

3101 N. Federal Hwy., Suite 609,
Oakland Park, Florida 33306

*Licensed in England and Wales, Florida and Washington D.C.

Fort Lauderdale

754-332-2101

Miami

305-399-3832

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Broward County Non-Compete and Non-Disclosure Violation Attorney

Miami restrictive covenant violation lawyer

Lawyer Helping Business Owners and Employees With Breach of Contract Disputes in Fort Lauderdale

For any employer-employee relationship, it is important to have a formal employment contract governing the terms of employment, including each party's rights and responsibilities. Many employers find it beneficial to take employment contracts a step further by including provisions that prohibit certain actions on the part of the employee after their employment is terminated. These "restrictive covenants," which include non-disclosure and non-compete agreements, are often legally enforceable, and violations can have serious consequences.

Whether you are an employer or employee, resolving an alleged violation of a restrictive covenant can be extremely challenging. At The Elliot Legal Group, P.A., we can help you understand what is at stake and the options you have for enforcing an agreement or defending yourself against a former employer's allegations. We will represent you in settlement negotiations or litigation and ensure your rights are enforced and protected.

Understanding Non-Disclosure and Non-Compete Agreements

Non-disclosure and non-compete agreements are two different types of restrictive covenants that appear most often in employment contracts, but may also be included in agreements between partners or shareholders, or between buyers and sellers in an acquisition.

In an employment contract, a non-disclosure agreement typically prohibits an employee from using or sharing a business's confidential information for a time after leaving the business. A non-disclosure or confidentiality agreement is often implemented for the purposes of protecting a business's intellectual property, trade secrets, information acquired through specialized training, or any other private information the business has an interest in protecting.

Non-compete agreements may place further restrictions on an employee's actions after their employment relationship ends. In addition to preventing an employee from disclosing confidential information to a competitor, a non-compete agreement can prohibit an employee from working for a direct competitor at all for a specified period of time, or from starting their own business that competes with their former employer during that same time period. A non-compete agreement sometimes also includes a non-solicitation clause, which prohibits the employee from attempting to take customers or employees away from the business after leaving.

Are Non-Compete and Non-Disclosure Agreements Enforceable in Florida?

Some states have ruled that restrictive covenants, including non-compete agreements, are not enforceable under any circumstances. Florida is not one of them, but an agreement must still meet certain criteria in order to be enforceable. These criteria include a baseline requirement that the agreement is in writing, as well as a general requirement that the agreement is reasonable to the extent necessary to protect the employer's interests.

More specifically, this means that the agreement should be limited to the geographic area and the specific line of work in which the employer does business. The agreement must also be limited to a certain amount of time after employment terminates. In Florida, non-compete agreements are presumed reasonable if the timeframe is between six months and two years. Agreements of longer than two years are typically presumed to be unreasonable.

As an employer, you may be able to resolve a violation of a restrictive covenant through a negotiated or mediated settlement with the employee. However, it may be necessary to take more aggressive legal action. Through litigation, you may be able to obtain an injunction to stop the employee from further violations, as well as compensation for financial losses and attorney fees. However, an employee may be able to fight an enforcement action by demonstrating that the agreement is unreasonable or that their actions do not constitute a violation.

Contact an Oakland Park Restrictive Covenant Violation Lawyer

For legal counsel and representation in your employment dispute regarding a non-compete or non-disclosure agreement, contact us today at 754-332-2101. We serve employers and employees in Oakland Park, Sunrise, Fort Lauderdale, Miami, Hollywood, Plantation, Wilton Manors, Dania Beach, Pompano Beach, and throughout Broward County and the surrounding areas.

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