How to get out of a non-compete agreement in Orlando

Orlando, FL – When you land a new job in Florida, you may be surprised to hear the employer wants you to sign a non-compete agreement or find a non-compete clause in your contract. Is it legal? Non-compete agreements are legal under Florida laws, but, before signing one, you may want to seek legal counsel.

On the other hand, if you’re already under a non-compete agreement and want to move to another company or start your own business, things can be very complicated. If you violate the terms of your agreement, your employer may sue you. To get out of a non-compete agreement, you must reach out to experienced Orlando employment lawyers. There are legal ways to get out of a non-compete agreement but you must be smart about it.

When is a non-compete agreement not enforceable in Florida?

The easiest way to get out of a non-compete agreement is to prove that it is not enforceable. According to the law, such an agreement must be reasonable with regard to time and geographical area and protect a legitimate business interest of the employer as defined by Florida statute.

For instance, a non-compete agreement becomes unenforceable if it says you are not allowed to work in the same line of business for the rest of your life. Six months to one year would be considered a reasonable term by most Florida courts. The same applies to the geographical area. Your former employer can use a non-compete agreement to prevent you from opening a similar business within several miles of their own. However, they cannot prevent you from starting a similar business anywhere else in the US.

Skilled Florida employment lawyers may be able to free you from your non-compete agreement if they can successfully show you are not violating your former employer’s legitimate business interests.

As an example, if you did not receive any extraordinary or specialized training at your old job, your former employer cannot claim you’re taking advantage of it. Likewise, if you’re not using any of their trade secrets or other confidential information, you are not violating their business interests.

On the other hand, if you’re actively contacting your former employer’s clients they can accuse you of violating the terms of your non-compete agreement. They can seek an injunction and monetary damages for stealing their clients.

Is my non-compete valid if I was fired?

Knowledgeable employment lawyers say that a non-compete agreement is generally enforceable no matter if you were fired or left your job voluntarily. Florida is an at-will employment state, so your employer can fire you anytime without providing any reason, just as you are free to leave your job whenever you want.

Still, your lawyers may be able to have the non-compete agreement declared invalid if the employer violated the terms of your contract.

Another way an employee can get out of a non-compete is to show that you were forced to sign such an agreement after you were hired and you did not receive any consideration for it. For new hires, the employer can easily include a non-compete agreement as part of the deal. However, existing employees must be offered something of value (money or other benefits) when asked to sign a non-compete agreement.

If you’re worried your former employer may sue you over a non-compete agreement, schedule a meeting with an experienced employment lawyer at Legal Counsel PA in Orlando. Their attorneys have over 20 years of experience in helping clients protect their rights under Florida’s employment laws.

Contact info:

Legal Counsel PA

Main Office: 13330 W. Colonial Drive, #110 Winter Garden, FL 34787

Orlando Office: 189 S. Orange Avenue, Ste. 1800 Orlando, FL 32801 (by appointment only)

Phone: 407.982.4321

Orlando Phone: 407.395.2653

Email: [email protected]