Non-Compete Provisions in Employment Agreements

Q: Are all non-compete provisions enforceable?

A: No. Florida law only allows enforcement of written non-compete agreements that protect one or more legitimate business interests. A non-compete agreement that is not supported by a legitimate business interest is void and unenforceable. Legitimate business interests include: (1) trade secrets, (2) confidential business information, (3) substantial customer relationships, (4) goodwill associated with an ongoing business by way of trade name, a specific geographic location, or specific marketing in a trade area, and (5) extraordinary or specialized training. If a legitimate business interest does exist, the court will determine whether the restriction is reasonable in time, scope, and geographical area. In the event that the court finds the restriction to be overbroad, it can adjust the terms as it deems reasonable.