South Florida Non-Compete Agreement Lawyer
As a lawyer with over fifteen years of experience handling employment-related legal issues, Attorney Dana M. Gallup, is skilled in the preparation, modification, enforcement and defense of employment agreements such as non-compete, non-solicitation and confidentiality agreements.
Our firm can assist both employers and employees with legal issues related to non-compete agreements.
Florida Law regarding Non-Compete Agreements
Under Florida law, agreements containing non-compete, non-solicitation or confidentiality provisions may be enforced by the employer so long as they are reasonable with regard to time and geographical area and protect a legitimate business interest of the employer as defined by Florida statute. Generally, restrictions of up to two years and covering areas where the employer actually does business will be considered reasonable by a court. Even where the restrictions in the agreement are found to be unreasonably broad, the court has the authority to modify the agreement so as to impose more reasonable restrictions.
Usually, enforcement of a non-compete will come down to whether the employer has a statutorily defined, legitimate business interest that can be protected, and if so, whether the employee or former employee has used that business interest in such a way as to result in unfair competition. For example, a non-compete may be found enforceable where the employee has taken a copy of the employer's customer list containing confidential and proprietary information and has solicited clients or customers using the information taken from the employer.
Non-competes may also be enforced where the employer can show that it holds trade secrets that were taken and used by the employee or where the employee received extraordinary or specialized training as to unique sales, marketing or business methods practiced by the employer. On the other hand, Florida courts have generally been reluctant to enforce non-competes where the employee has not taken and is not using any confidential or proprietary information that would result in unfair competition.
Employers and Non-Compete Agreements
As an employer, non-compete agreements are often vital to your business because they ensure the protection of customer relationships and confidential and proprietary information. Our firm can draft non-compete agreements designed to protect your business interests. In addition, employment law attorney Dana M. Gallup can also represent your business in the enforcement of non-compete and non-disclosure agreements. Contact us today and discuss your case at an initial, no-cost consultation.
Employees and Non-Compete Agreements
If you are an employee in need of advice as to compliance with your non-compete agreement, we can also help. We negotiate with your former employer, to reach an agreement that will allow both parties to move forward without worrying about any future litigation. If it is not possible to reach a resolution prior to litigation, however, we are also well-suited to defend your interests in a non-compete action.
Help with Your Non-Compete Agreement
If you need legal representation for the preparation, review, modification, enforcement or defense of a restrictive employment agreement containing non-compete, non-solicitation or confidentiality provisions, please contact our Hollywood, Florida Law office today.
Law Offices of Dana M. Gallup, P.A.
4000 Hollywood Boulevard
Presidential Circle, Suite 265 South
Hollywood, Florida 33021
Phone: (954) 894-3035
Fax: (954) 241-6585
The Law Offices of Dana M. Gallup, P.A. represent clients in employment law matters throughout all of South Florida and Southwest Florida, including the cities of Aventura, Boca Raton, Boynton Beach, Cooper City, Coral Springs, Dania, Delray Beach, Fort Lauderdale, Hallandale, Hialeah, Hollywood, Margate, Miami, Miami Beach, Miami Shores, North Miami, North Miami Beach, Palm Beach, Pembroke Pines, Sunny Isle Beach, Tamarac, West Palm Beach, and Wilton Manors.
Broward County, Collier County, Dade County, Lee County, Miami County, Monroe County, and Palm Beach County.
