Florida's non-compete statute, Fla. Stat. 542.335, provides
numerous protections to employers or business purchasers who are
looking to safeguard a company's goodwill, trademarks and the
like. Still, it is important to not overreach when drafting a
non-compete. By that, should a party have to enforce a non-compete
agreement, it will likely do so by seeking an injunction in state
or federal court. A good non-compete agreement should balance an
employee's right to earn an income against a business's
right to protect its customer relationships, proprietary
information and so on. This post will address some points to
consider when drafting a non-compete agreement under Florida
law.
Under Fla. Stat. 542.335(1)(a), Florida non-compete agreements
are unenforceable unless they are in writing and signed by the
person against whom enforcement is sought. By drafting a
non-compete agreement, a party satisfies the writing requirement.
Equally important, make sure the non-compete
