If you’re trying to hire top performers, but still need to protect certain aspects of your business, you may want to consider drafting a non-compete clause for your contracts.

But beware– you need to create one that will hold up in court. So attorney paul burkhart has some advice.

In Florida, a non compete can be enforced, provided it’s reasonable

When it comes to geographic area, length of time, and protecting an

Employers “legitimate business interest”

So how do you define “Legitimate Business Interest?”

Professional or business information that is deemed valuable to the operation

Trade secrets;

Specialized or extraordinary training;

Important relationships with existing or prospective clients, patients, or customers;


Any goodwill that is associated with your business through its geographic location, trademark, or marketing.

Other points to consider for a non-compete clause:

Don’t overreach.

A low level employee who doesn’t have access to employers information of methods that would be considered “protected”

Probably won’t be legally held to a non-compete.

Also, if you, as the employer, breach *any part of the contract, the employee may be off the hook for the non-compete.

If you are trying to enforce a non-compete based on

“Confidentiality” make sure the info is truly confidential.

And don’t try to extend the non-compete too far.

Six months is considered reasonable, more than 2 years probably

Won’t hold up.

If you need help with a non-compete issue.

Call Paul Burkhart at 561 880 0155 or visit paulburkhart.net.