Under Florida law, non-compete contracts are often held unenforceable due to circumstances of the employer-employee relationship, employee background, or the contract itself. Generally, employers must show they have a “legitimate business interest” to make a non-competition covenant enforceable. A legitimate business interest could include specialized training the employer provided the employee, a sort of investment in the employee.
In a case handled by attorney Peter Mavrick, an employer wanted to enforce a noncompete covenant against Mr. Mavrick’s client, an employee that had received some training from his former eimployer. However, the training was minimal. Most importantly, the employee had many years of experience in the employer’s industry before he signed the noncompetition contract. It was because of that substantial industry experience that the employer hired Mr. Mavrick’s client. The employee was highly competent because of his experience.
Based on case law invalidating a noncompete contract where the employee’s specialized knowledge preceded his contract, attorney Peter Mavrick successfully argued that the noncompetition covenant was invalid. Mr. Mavrick’s client was allowed to continue his own business in competition with his former employer.
Attorney Peter Mavrick practices in the field of business and labor/employment litigation in Fort Lauderdale, Florida. His law office phone number is (954) 564-2246. Information contained in this article is accurate as of September 2008. This article is for general information use only, and does not substitute for specifically tailored legal advice.