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Non-Compete Agreements

Jacksonville Non-Compete Agreements

Understanding Non-Compete Agreements

A non-competition, or “non-compete” agreement is a contract, or a portion of a contract, between two parties. More often than not, non-compete agreements are between employees and employers. The purpose of a non-compete agreement is to restrict a person or company’s right to compete with another person or company. Like all other contractual agreements, non-compete agreements are legally binding and enforceable if properly drafted and used to protect a legitimate business interest. Employers generally utilize non-compete agreements to protect legitimate business interests such as customer relationships, proprietary information, trade secrets, extraordinary training, and in some cases even referral sources. Non-compete agreements can also be a component of franchise agreements, mergers, buyouts, or contracts for the sale of a business.

Under Florida law, non-compete agreements have certain limitations and enforceability is sometimes an issue. Many questions about the drafting and enforceability of non-compete agreements include: is the length and duration of its restriction excessive; is the geographical area too broad; and most importantly, does the restriction serve to protect a legitimate business interest? Employers and employees have certain rights when it comes to non-compete agreements. Failure to understand those rights often times leads to litigation.

Why Choose Heekin Litigation Group

At Heekin Litigation Group, we routinely advise employers in drafting and litigating non-compete and non-solicitation agreements. Non-compete agreements can be a critical tool for employers who want to protect their business interests from their competitors.

We also advise employers who are interested in hiring a potential employee who is subject to a non-compete agreement with a former employer. We are able to evaluate an existing non-compete agreement to determine its enforceability. A business that is not careful when hiring a new employee can find itself subject to a claim for tortious interference with a contractual relationship when the business hires an employee who is subject to a non-compete agreement with a prior employer.

In addition to representing employers, we also represent employees seeking to understand non-compete agreements they have entered into, including, the agreement’s enforceability and the employee’s own liability and obligations.

Non-compete agreements must be carefully drafted and oftentimes pose challenging questions. The attorneys at Heekin Litigation Group have drafted many non-compete agreements that have protected our clients against their competitors. We also have a tremendous amount of experience in litigating the enforceability of non-compete agreements. We understand how the Florida courts interpret and enforce non-compete agreements.

Please give us a call today to schedule an appointment to discuss how we can put our legal knowledge to work for you.

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