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How to Defeat a Non-Compete Agreement - Orlando IP Lawyer Explains
Non-competition (non-compete) and non-solicitation agreements are legal documents designed to protect legitimate business interests from illegal competition. As hard as it appears, in many circumstances it is possible to defeat a non-compete agreement.
Sometimes referred to as a covenant not to compete, these agreements may appear justified and unquestionable. Other times, they contain at least one error in reasonableness, legitimacy or employer action that nullifies the entire contract.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
A detailed and effective lawyer knows how to work with employers and employees to either draft a valid non-compete agreement or pick through a faulty agreement to find weaknesses. The Orlando intellectual property attorneys at TK Law can assist with any questions you have on how to beat an existing non-compete agreement. [Link to IP Law landing pg.]
Contact us for a free, no-obligation consultation to ask questions, understand your options and learn how we assist. Call 1-855-Kramer Now (1-855-572-6376).
Strategy to Defeat Non-Compete Agreements under Florida Law
Florida statutes 542.333 and 543.335 specifically address some issues arising from non-competition agreements. Based on the laws, we tend to find the following faults within these business contracts and the businesses they involve:
- Illegal or questionable business activity. If a business is involved in questionable business activity, a court can decide to eliminate any agreements that tie you to non-competition with that company. Illegal activity involves matters like tax fraud or violation of the employer’s own non-compete agreement with a prior company.
- Unreasonable times, areas or lines of business. Some non-compete agreements are too extreme to be enforceable. For instance, if the agreement says a current or former employee cannot compete with the employer for 50 years or even three years, a judge may find this unreasonable. The area of coverage and the line of business must also be specific and reasonable under Florida law. If a business only provides service in the Orange County area, a non-compete agreement may be invalid if it restricts a current or former employee from doing business in another part of the state.
- Illegitimate business interests. Trade secrets, pivotal customers, specialized training and other confidential business details are considered legitimate business interests worth protecting. A court will use information in the non-compete agreement to determine the legitimacy of the extent a business goes to protect its interests.
Orlando Business and Intellectual Law Attorneys
Employees have the option of not signing a non-compete agreement, and this is certainly something you want to be very careful about. Just as important to signing the agreement is having a good non-compete attorney review the agreement beforehand or when questions arise. Every non-compete agreement is different, and is typically fact-specific.
At TK Law, we have years of experience in intellectual property law and are capable of determining whether the non-compete agreement is enforceable. Let our office assist you with your non-competition case and related business needs.
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One of the best things that you can do is develop a relationship with a reliable, experienced law firm with which you can consult regularly for legal advice concerning your business, your family and your individual rights in all matters of law. Contact TK Law today, your one firm for life.
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