The competition prohibitions, governed by Florida Statutes 542.335, prohibit former or current employees from establishing their own similar businesses or being employed by a competing company for a certain period of time. According to Florida`s statutes, these contracts, which “limit or prohibit competition during or after the duration of the restrictive agreements,” may be enforceable as long as they are reasonable in time, in the region and in the industry. As such, these agreements, which must also be concluded in writing, are highly questionable and cannot be concluded for the sole purpose of restricting competition. Selecting the right agreement for your business should determine the levels of risk associated with the goods and services offered, customer relationships, trade names and other intellectual property assets of the company concerned. The higher the risk of damage in the event of disclosure, the more it is usually necessary to offer one of these agreements to employees or contract workers. There are three main agreements or restrictive agreements that are regularly used by business owners to restrict disclosure or competition. These include confidentiality, debauchery and non-competition clauses. While the three restrictions are usually contained in a document, they each serve a different purpose and protect different aspects of the business. These agreements generally limit the fact that a former or current employee can induce customers or other employees to leave the company and move to a competing company.
Debauchery bans must not only be written, but also meet three specific criteria to be applicable in Florida: the least restrictive of the three types of agreements is a confidentiality agreement (also known as a “confidentiality agreement” or “NDA”) that protects a company`s decency or confidential information from unauthorized disclosure. Confidentiality agreements, generally enforceable until the information is no longer confidential and not necessarily temporary, are permitted in Florida, as long as they limit the unauthorized disclosure of truly confidential information. There are three main agreements or restriction agreements that are regularly used by business owners to limit disclosure or competition. Like no-pocher agreements, an undertaking must demonstrate, in order to impose a non-compete clause, that it has a legitimate interest in protecting, such as a trade secret, valuable information that is not otherwise considered a trade secret, substantial relationships with certain customers and accumulated goodwill regarding its brand or location. The company must also demonstrate that the proposed restriction is geographically and durably appropriate. This provision generally depends on the specific interest that is protected. Therefore, the most effective and legally sound no-pocher agreements are closely and well tailored to the specific objectives and needs of the company, instead of being too broad and comprehensive. If you want to protect your small business` confidential information or customer relationships, contact us today to discuss how we can help you establish an effective and legally compliant agreement. Save my name, email address, and website in this browser for the next time I comment….