COVENANT NOT TO COMPETE
A covenant not to compete is a promise that an employee will not compete against his/her employer in a similar company and a related area for a specified time
In Florida, a covenant not to compete can be valid if it meets the following requirements:
Geographical limitation: the covenant should be within a reasonable distance from the employer. Typically, the area is within a specified number of miles where the employer conducts its business.
Length of Time: the restriction to work for a competitor should be between six months but no more than two years. Once the parties go to court, the court will determine the reasonableness of time.
Area of work: define the field or area of work in a specific way. Additionally, in Florida, the covenant not to compete should contain language that protects the employer’s legitimate business interests, such as the relationship with its customers, confidential information, and trade secrets.
If you are an employer and need to enforce a covenant not to compete in a Florida court, you may be entitled to an injunction that will prohibit the former employee from working from another competitor. Additionally, as the employer, you may be entitled to monetary damages and attorneys’ fees.
If you need an employment contract reviewed or if you would like to know if your current covenant not to compete is valid, please contact Kimberly M. Soto at 321.972.2279 so she can further advise you.