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Showing posts with the label noncompete

Benefits of non-compete, non-disclosure, and non-solicitation agreements

Businesses need to protect themselves. One of the easiest methods is through documents by which another party agrees not to improperly use or take information or personnel from the business to compete against it. These documents are non-compete or non-competition agreements, non-solicitation agreements, and non-disclosure agreements and they can provide great benefits to a business in Florida when prepared properly. While these documents may not stop someone from stealing information or persuading key employees to leave, they do place the business in a position to more easily enforce its rights and protect itself. However because they limits free trade there are restrictions that apply to some of those documents therefore they must be prepared by competent counsel to avoid making the situation worse. What is a non-compete, non-disclosure, and non-solicitation agreement Non-competes, non-disclosures or NDAs, and non-solicitation agreements like most contracts are reactive. They will not...

Should I sign a noncompete my employer gave me

Whether to have a noncompete comes up on both the employer and employee side. As a Board Certified expert in Florida business law I would say whether to offer or sign one depends on the unique circumstances because they are regulated and limited by law. Noncompetes are regulated by Statue In Florida, employment is at will. So, if there is no employment agreement, the the employee serves at the will of the employer. As a consequence, restricting that freedom of employment is regulated by a specific statute formally called Restraint of Trade, but commonly referred to as the non-compete statute. Noncompetes must be reasonable Because a noncompete restricts future employment, the Statute requires that it be reasonable in the time scope and geographic limits.  The time limits are in the statutes. Up to two years is ok and one year is deemed reasonable. That's not to say it is automatic, but most times those limits hold up.  How far the noncompete goes is a different story. The...