How to Enforce or Defend Against a Non-Compete Agreement

Non-compete agreements often provide business owners with a way to protect what they have worked to build over the years. Many times, even after they have proofed their enterprise against losses, disaster can still strike from within in the form of an employee with insider knowledge.

Due to this threat, business owners and companies choose to protect themselves by putting in place a well-crafted and enforceable non-compete agreement.

On the other hand, some non-compete agreements can be in restraint of trade. They can effectively shackle an employee and deny them the opportunity of finding fulfilling work after leaving an employer. If you fall into either category, then you need to know how you’d enforce or defend against a non-compete agreement.

Enforcing a Non-Compete Agreement

The key to crafting an enforceable non-compete agreement is making sure that it adheres to the provisions of the Florida Statutes. Enforceable agreements under the law are those that provide for a reasonable duration of restriction especially based on the relationship of the parties.

This is why the services of competent legal counsel are necessary in drafting the non-compete agreement. At Jurado & Farshchian, P.L., our lawyers have worked with various business clients in drafting their non-compete agreement.

Our lawyers work closely with businesses to assess their unique situations and help them draft their non-competes based on their unique situation. Our attorneys are careful to include everything that may affect your business in the long run.

And if it comes to enforcing the non-compete through litigation, we will stand by you with assurance of the effectiveness of the non-compete and litigate the matter to a successful conclusion.

Defending Against a Non-Compete

We have also had a lot of success representing employees defending against or challenging the validity of a non-compete agreement. Our experience has shown us that there are many reasons why a non-compete would not be enforceable.

There are statutory and judicial requirements as to the conditions of the agreement. If they violate public policy restraining trade for too long a period or with an unreasonable scope or geographic area, they may be unenforceable.

Some non-compete agreements may also be unenforceable because your employer has taken certain action that breaches the agreement. This can especially happen where it concerns compensation and benefits.