Non-Compete Agreements
Non-compete agreements can be one of the most limiting contract restrictions placed on employees, and they are not always legally binding. If you are an employee that is being asked to sign this type of agreement, it is critical that you know what your restrictions are and what steps you can take to minimize risks to your future ability to earn an income.
As an employer, if you feel the need to implement a non-compete agreement, it is critical that you ensure the agreement you create is legally binding under the state’s laws. Attorney Torres can help to ensure that this is the case, so you are not challenged with it later.
At the Law Office of Vanessa D. Torres, P.A., we believe in providing legal support that is fair, comprehensive, and thorough. Set up a consultation today to discuss your specific needs and to determine what legal strategy may be applicable in your situation. Attorney Torres has the experience and dedication to help you through these challenging situations.
As an employment and labor attorney serving Coral Gables, FL, and the surrounding areas, you can depend on the Law Office of Vanessa D. Torres, P.A., for all of your legal needs.
What is a non-compete agreement?
A non-compete agreement protects an employer’s legitimate business interests, but it can feel like it’s punishing you, the employee. A non-compete can make it incredibly difficult for you to find other meaningful work in your area of skill and expertise.
If you are currently employed and have signed a non-compete, or if an employer is asking that you sign one now, it is critical that you know the terms of the agreement. It is also critical that you know what defenses you have if the agreement causes problems for you once you leave your employer. Contact our experienced Attorneys today
Not every state permits the enforcement of non-competes, but Florida is one of the few that does. If you have any questions about an agreement that an employer is asking you to sign, or if you are being prevented from seeking the employment that you desire by your former employer, fill out the form or call us We advise and represent people in your situation.
First, let’s discuss the rules employers are expected to follow when drafting this restrictive covenant. If any of these elements are unreasonable, the agreement will be deemed unenforceable. In other words, if it doesn’t allow you reasonable opportunity to work at another place of employment should you leave the company, it is not enforceable.
Does it protect legitimate business interests?
Under Florida law, a non-compete agreement can only protect legitimate business interests, which includes the following:
- Trade secrets (as defined by statute)
- Confidential business or professional information of value not meeting the definition of a trade secret
- Substantial relationships with specified existing or potential customers, patients, or clients
- Specialized or extraordinary training provided to employee
- Goodwill of customers, patients, or clients relating to trademarks and related issues as well as specified geographic or marketing areas
This list is not exhaustive. Once a restrictive covenant is challenged, the employer must prove that the covenant protects one or more of these interests, as well as proving that the specified restraint is necessary to protect these interests.
For example, companies often argue that their customer lists are a trade secret worth protecting with a non-compete. However, customer lists are not always as secret as they would have you believe. With the amount of information that is made publicly available via the Internet, most of the information contained in a customer list could easily be obtained by anyone else. It is up to the employer to defend the reasoning behind his or her non-compete.
I’ve already signed the agreement; what are my other defenses?
Just because you’ve already signed the agreement doesn’t mean that all hope is lost. As you see, the terms of the agreement may be unenforceable, but this is not your only defense. The courts may prevent an employer from enforcing the terms of a non-compete if the employer engages in unlawful activity. Examples of this may include illegal discrimination, breach of contract, illegal conduct by the employer, or requesting the employee to engage in illegal conduct. Let our Florida non-compete agreement lawyers help you.
Tell us what your situation is, and we will get back with you in a timely fashion. Assert your rights as an employee; don’t let an employer harm your future unlawfully. We are here to help you.
Are you an employer? Learn more about what you should know about what you should consider when creating and implementing Florida employer non-compete agreements.
Were Here to Assist you
Throughout, The law office or Vanessa D. Torres should be readily available when you have questions or need a consultation as you navigate the process, which may include:
Our Working Process
1. Planning The Case
Distinctively re-engineer revolutionary meta-services and premium architectures. Intrinsically incubate intuitive opportunities
2. Evaluate Situation
Quickly aggregate B2B users and worldwide potentialities Progressively plagiarize resource.
3. File The Case To The Court
Dramatically mesh low-risk high-yield alignments before transparent e-tailers. Appropriately empower dynamic. leadership skills after business portals.
Questions You May Wonder?
People often turn to lawyers as a last resort after the contract has been signed, a spouse has walked out, or a creditor is threatening. But just like regular medical checkups, “an ounce of prevention is worth a pound of cure” when it comes to legal matters.
Good legal advice can not only save you money in the long run, but also save you from unpleasant difficulties later.
Situations in which you should consider consulting a lawyer include:
- Before buying or selling real estate.
- Before signing a contract with major financial provisions.
- Before making a will or planning your estate.
- Before organizing a business.
- If you are arrested or charged with a crime.
- When you are involved in an accident in which there is significant damage to persons or property.
- When there are changes in your family status, such as marriage, adoption, or divorce.
- When you have tax problems or questions.
- When a lawsuit is brought against you, or you want to bring a lawsuit against someone.
Lawyers base their fees on different facts, including the difficulty of a particular legal task, the amount of time involved, the experience and skill of the lawyer in the particular area of law and the lawyer’s cost of doing business. The cost of doing business, referred to as overhead, usually includes rent, equipment, salaries and the cost of maintaining the lawyer’s level of professional skills and education. A lawyer’s overhead normally is 35 percent to 50 percent of the legal fees charged.
A lawyer’s services normally involve research, investigation and case preparation. Most of the work is done after the client leaves the lawyer’s office and can be very time-consuming. As a result, the client is often unaware of the amount of time a given legal matter will actually take.
A client should always discuss the prospective charges at the first meeting with the lawyer. At the initial meeting, the lawyer and the client should discuss the time anticipated to resolve the case, the difficulties likely to be encountered, and the complexity of the legal issues in the particular case. An early agreement concerning fees will prevent surprises and misunderstandings for both the client and the lawyer. You should be prepared to decide how much money you can afford to invest in the resolution of the problem. The lawyer/client relationship involves a mutual commitment. Both parties have a need from the outset to have a full and complete understanding of the commitment.
At The Law Office Of Vanessa D Torres, your case will be handled by experienced legal professionals from our Law clerks, paralegals, legal case managers and our dedicated attorneys
