Recently, the Florida Supreme Court visited White v. Mederi Caretenders Servs. by Southeast Florida LLC, 226 So.3d 774, 2017 WL 405393 (Fla. 14 years. Sept. 2017) examined the responsibility of the courts to assess the applicability of competition agreements on the basis of the specific facts of each case2. The White court accepted jurisdiction because of a direct conflict between the fourth and fifth District Court of Florida, namely whether the sources of dismissal of a business may constitute a legitimate protective commercial interest sufficient to support the validity of a non-compete agreement3. If you have questions about non-competition agreements and legitimate business interests, the negotiation of your competition or the applicability of the agreement, the Tribunal took the opportunity to recall the reasonably necessary requirements under the non-compete clause5. If you have been threatened by an employer because of your non-compete, non-application or confidentiality agreement, or if you have been prosecuted for an alleged violation, it is important that you take steps to defend yourself immediately. Inaction can lead to a judgment against you. Contact Scott Wagner and Associates to arrange consultations and discuss non-competition, non-request and confidentiality agreements. As a general rule, non-competition agreements have often been proven to be an illegal restriction on trade. This was also the case after common law in Florida12, until Florida law established guidelines for determining whether non-competition prohibitions were too restrictive.

Florida`s legal non-compete obligations have been revised and amended several times by the legislature; In 1996, there was a complete overhaul of the non-compete clause.13 No changes have been made since this description more than 20 years ago.14 – Two major criticisms – While the above provisions are standard principles and provisions that have generally not been put forward and have been applied by other jurisdictions. , some of the detailed provisions of the Florida non-compete clause that follow these standard rules were considered unvalued and unduly employer-friendly. Perhaps the most criticized is the provision that prevents the worker from taking prejudice into account: “When a court determines the enforceability of a restrictive pact, it does not take into account the individualized economic or economic difficulties that could be inflicted on the person against whom the execution is sought.” 20 A second provision, often criticized, is the prohibition of statutes against any rule of contractual construction which “obliges the court to interpret a restrictive confederation closely, against the deference or the author of the contract”. 21 Employers generally seeking to enforce competition agreements, both of these provisions favour the employer.