On the other hand, a non-competition agreement, which is appropriate in time and space, is applied to prevent the employee from disclosing trade secrets or confidential business information, as well as in situations where the employee`s role is considered unique or individual. Ultimately, the court will attempt to balance the need to protect the legitimate business interests of the employer with the need for the worker to continue to support himself or herself. Non-competition clauses are legal and enforceable, but courts are open to investigating cases and may be open to legal attacks if they are “unreasonable”, i.e. too long in terms of time frames or too broad in terms of geographic region. If you violate a non-compete agreement, you and your new employer could expect legal action from your former employer, in which an injunction can be introduced to prevent you from working for your new employer and seeking damages. If you are in a position with a competitor of an employer with whom you have a non-compete agreement, your employer may sue you and/or your new employer to enforce the agreement. The court may issue an injunction or injunction that may prevent you from working in your new workplace. Your ex-employer may also seek damages for losses resulting from your violation of the non-compete agreement (for example. B customer losses, loss of confidential business information or trade secrets). It is interesting to note, however, that the court will not enforce a non-compete agreement if you have been terminated involuntarily. The law can vary considerably from state to state, but generally speaking, a non-compete clause cannot be applicable if the agreement exists: employees are often asked to sign a non-compete agreement if they officially work for a new company or during the exit interview process if you are laid off. An employer may even require you to sign a non-compete agreement for work you have been working on for some time simply because they decided to “get smart” or because someone told them that protecting their interests was a good thing.
If you would like to consult with us about a non-compete agreement, if your employer has taken legal action or threatened to sue for a non-compete agreement, call us to meet with a Florida Bar-certified labour law officer to discuss your situation. We are very much in favour of protecting workers` rights in southwestern Florida. Time may be crucial. If you have questions about your rights or need representation, call us now. Restrictive agreements and competition bans can be a valuable tool for employers and entrepreneurs to protect trade secrets; Maintain confidential business information Maintain relationships with clients, patients or clients To stand up for goodwill Invest in extraordinary or specialized staff training to protect. Non-competition prohibitions are designed to prevent individuals from competing with an employer after the end of employment. To be applicable in most countries, non-competitors must be limited in both their duration and geographic scope. A non-competitive agreement must be set for a duration, for example. B six months from the date the worker stops working for the employer and stays in effect.