Enforceability Of Non-Compete Agreements In Florida

However, more and more companies are inviting employees at all levels to sign contracts that limit their future employment. Florida`s non-compete clause, F.S. § 542.335, governs the application of the non-compete rules. The law uses the word «reasonable» or a derivative 17 times. Adequacy is the primary standard used throughout the law to determine whether a non-compete clause is applicable. This includes an essential requirement of the statute that non-competition must be «reasonably necessary to protect the legitimate commercial interest of the party,» which is attempting to enforce the agreement.1 In unisource Worldwide, Inc. v. S. Central Ala. Supply, LLC, 199 F. Supp.

2d 1194 (M.D. Ala. 2001), the court considered whether the application of a choice of law provision (which provides for Florida law) with respect to a non-compete clause against the fundamental policy of the State of Alabama. . . .