Law Offices of Frese, Whitehead, Anderson, Anderson & Heuston, P.A.
Local: 321.473.3295
Toll free: 866.510.7362
We can tailor a solution to meet your needs. Find out how.

Legal requirements for non-competition agreements

Certain employers might want you to sign a non-competition agreement before starting a working relationship. It only takes effect once the employment relationship is over. The agreement has a clause under which you may not start a similar profession that competes with your current employer, once your employment relationship ends. Employers usually require such agreements to protect their trade secrets and goodwill. If dragged into court, such cases may be highly scrutinized. This is because courts do not approve of any contract that stands in the way of a person's right to earn a living.

There are several legal requirements to validate the agreement between the employee and employer. The employee must have considered all options when agreeing to sign. The agreement should genuinely protect a particular business interest of the employer.

In most cases, employees who sign non-competes must be rewarded by the organization. Before starting the employment relationship, the job itself may be the reward. However, if the employee signs after beginning employment, they must receive something in return. This compensation may be received in the form of monetary benefits or a promotion. The employer must provide an incentive that was not present at the time of employment.

If your employer has asked you to sign a non-competition agreement, you might want to contact an attorney to oversee the process. It is also advisable to consult an attorney if you feel your right to earn a living is being violated. The experience of an attorney may help you get a favorable decision.

No Comments

Leave a comment
Comment Information
AV LexisNexis Martindale Hubbell Peer review Rated for Ethical Standards and Legal Ability Super Lawyers The Florida Bar Board Certified Real Estate The Florida Bar Board Certified Taxi Law The Florida Bar Board Certified Wills, Trusts and Estates The Florida Bar Board Certified Civil Trial Florida Trend The Issues, People and Ideas that Define Florida Business