DO YOUR EMPLOYEES SIGN NON-COMPETE AGREEMENTS? IF THE ANSWER IS YES, ATTORNEY PAUL BURKHART SAYS THERE ARE SOME THINGS YOU SHOULD KNOW:
FIRST- NON-COMPETES DO NOT OFFER BLANKET, UNQUALIFIED PROTECTION AGAINST AN EMPLOYEE WHO BOLTS FOR A COMPETITOR. AND, ENFORCEMENT OF NON-COMPETES CHANGES FROM STATE TO STATE.
SO IT’S IMPORTANT TO KNOW WHERE FLORIDA COURTS STAND ON ENFORCING THEM.
UNDER FLORIDA LAW, NON-COMPETES MAY BE ENFORCED AS LONG AS THEY ARE “REASONABLE” WITH REGARD TO TIME AND GEOGRAPHIC AREA. *AND THEY MUST PROTECT A LEGITIMATE BUSINESS INTEREST OF THE EMPLOYER.
FOR EXAMPLE, A NON COMPETE IS ENFORCEABLE WHEN AN EMPLOYEE TAKES A COPY OF YOUR CUSTOMER LIST, CONTAINING CONFIDENTIAL AND /OR PROPRIETARY INFORMATION, AND HAS SOLICITED CLIENTS OR CUSTOMERS.
NON COMPETES ARE ALSO ENFORCED WHEN THE EMPLOYER CAN PROVE TRADE SECRETS WERE TAKEN- AND USED- IN THE EMPLOYEES NEXT JOB, OR
WHEN THAT EMPLOYEE HAS RECEIVED SPECIAL TRAINING IN SALES, MARKETING, OR BUSINESS METHODS .
*BUT*- FLORIDA COURTS HAVE GENERALLY NOT BEEN WILLING TO ENFORCE NON -COMPETES WHEN THE EMPLOYEE HAS NOT TAKEN, AND ISN’T USING, CONFIDENTIAL OR PROPRIETARY INFORMATION.
THERE ARE WAYS TO RESOLVE A NON COMPETE ISSUE WITHOUT EXTENSIVE
LITIGATION, BUT YOU NEED AN ATTORNEY WHO UNDERSTANDS THE PROCESS. YOU NEED PAUL BURKHART. CALL HIM TODAY OR LOG ONTO
PAUL BURKHART DOT NET.
SO WHAT SHOULD YOU CONSIDER WHEN CHOOSING AN ENTITY?
AT THE TOP OF YOUR LIST SHOULD BE YOUR FINANCIAL NEEDS.. YOUR RISK TOLERANCE AND YOUR ABILITY TO GROW!IF YOU’VE DONE YOUR RESEARCH AND STILL AREN’T SURE WHICH ENTITY IS RIGHT FOR YOU… CALL AN EXPERIENCED BUSINESS ATTORNEY.
CALL PAUL J BURKHART.