The Florida Non-Competition Clause Act states that for most non-competition prohibitions, six months or less are considered reasonable and two years or more is considered inappropriate. When the limitation is set at a period of between six months and two years, the court must assess the suitability according to the particular circumstances. However, a Florida district court later invoked the Transunion as authority and followed his attitude. In the Lucky Cousins Trucking case, Inc. v. QC Energy Resources Texas, LLC, 223 F. Supp.3d 1221, 1224 (M.D. Fla. 2016), the District Court was asked to make a decision under the status of the Florida Non-Competition Act, but partially denied the prejudice suffered by the party who was the subject of the injunction. In particular, the Tribunal cited the 11 Circuit`s decision to transunion and its finding that the court must take into account the injury suffered by the person in the adoption of a notice injunction under Florida law.43 On the other hand, an appels court in Florida, rendered less than three months after the injury to the worker was denied. , must take damages into account.44 Section 542.335`s presumptions over time vary depending on the type of application of the non-competition obligation. If the non-competition agreement is applied against a worker, the duration of the contract must be shorter (six months) to be considered appropriate.
On the other hand, non-competition agreements against a distributor or seller of a business are granted for longer periods of time. Non-competition obligations against a dealer, distributor, franchisee or licensee of a trademark are considered appropriate if their duration is less than or equal to one year. In accordance with Section 542.335 (1) (d) (3), non-competition obligations against a seller of a business are considered appropriate if their duration is less than or equal to three years. 23 Edwards v. Arthur Anderson LLP, 189 P.3d 285 (2008) (The California Supreme Court upheld its long-standing public policies that non-compete workers are not applicable). However, employers who fail to properly establish their non-competition agreements with the Council of Professional Legal Advisors often find that their agreements are not applicable. Not only do you waste the time and money spent on litigation to enforce the non-compete agreement, but you lose all aspects of your business that you tried to protect from the start. An important element not mentioned in this section is the fact that each court considers particular circumstances in the application of a non-competition agreement.
After years of negotiating and negotiating many cases, I can see with certainty that evidence of infringements, including evidence that former clients are recruiting a business or doing business, is essential in determining whether a court will enforce a non-compete prohibition agreement. A Florida work lawyer can help you design effective and enforceable non-compete obligations with your employees. Or if your employee has breached a non-compete agreement, a lawyer can help you apply for an injunction.