Non-compete agreements are not always enforceable. Florida typically requires that all competition be allowed, and there shall be no restriction of competition, but there’s a separate statute in Florida, which is 542.335 Florida statutes that governs non-compete agreements. That statute requires that there be certain legitimate business interests of the…
False claims, or Qui Tam laws, are laws that allow somebody to bring a claim on behalf of the government, and that person is called the relater, who brings the claim, and they brought, they bring the claim on behalf of the government against a business that is cheating or…
The Fair Labor Standards Act is a federal statute that governs payment of wages. It prohibits, for example, certain types of child labor, it requires the payment of overtime wages in certain circumstances and it requires the payment of minimum wages in certain circumstances. It also has a separate provision…
The fictitious business name is typically how you do business under. It’s not necessarily your legal corporate name. For example, a corporation may have a Do Business As McDonald’s, or it may Do Business As the Chicken Place, but its corporate name is something different. It may have an actual…
A shareholder derivative lawsuit is a lawsuit that a shareholder will bring to recover money that is owed to the corporation where that shareholder is an investor in. For example, if one of the officers of the corporation is stealing from the corporation a shareholder may recognize that and then…
A protected class is a category the law has created to protect certain people. For example, whistle blowers would be a protected class, a person who has objected to or refused to participate in what is an unlawful practice of a business makes an objection or refuses to participate in…
A nonsolicitation agreement basically requires that the person signing it agree not to contact or solicit or obtain clients of another business or sometimes employees of that business. Typically, nonsolicitation agreements will occur either in the sale of a business, where the buyer of the business wants to ensure that…
A non-compete clause is a provision in a contract where one party promises not to compete against another party in certain circumstances. For example, a party agrees not to open a competing business within a certain geographic limit, or possibly a non-solicitation provision is a part of the non-compete provision,…