Ever since 2009, the Obama administration has issued hundreds of millions of dollars in penalties and criminal fines to corporations that were caught hiring illegal aliens. For example, the ICE sentenced a Miami subcontractor to almost two years in federal prison for employing and concealing undocumented workers. Another business owner in Virginia received a 30-month sentence in federal prison for conspiring to harbor illegal aliens. Lastly, a furniture storeowner in California received hefty fines and criminal penalties for employing illegal workers and then rehiring them after the ICE completed its audit.

Despite the more recent crack-down on hiring undocumented workers, the Illegal Reform and Control Act (ICRA) has since 1986 made it illegal for an employer in the United States to knowingly employ and/or conceal illegal aliens or who fail to properly complete I-9 forms for employees. Under the ICRA, employers must act in good faith when hiring workers, but will not be subject to fines or criminal punishment if an employee provides convincing, but false documentation as to his or her citizenship status.

Under common law, non-compete clauses and agreements were generally rendered void and unenforceable as contrary to public policy and as unlawful restraints on trade. However, over the past several decades, the Florida Legislature has begun to loosen the reins on employers in allowing non-compete agreements to stand. Although earlier state laws greatly restricted the use of non-compete agreements, Section 542.335 of the Florida Statutes was drafted with a specific legislative purpose in mind. It allows employers to use non-compete clauses to prevent employees from the following:

• Obtaining sensitive trade and business secrets
• Establishing relationships with the employer’s existing customers
• Leaving the employer and divulging trade secrets to a competitor

In addition to the above, Florida courts are also demonstrating a willingness to validate non-compete clauses in favor of employers. According to a recent case issued by a Florida district court, certain types of otherwise unlawful non-compete clauses are now being ruled as valid, enforceable and even assignable by business entities. Specifically, in DePuy Orthopaedics, Inc. v. Waxman, 2012 WL 3138681 (FLA 1st DCA 2012), the First District Court of Appeal of Florida reversed the denial of a preliminary injunction finding that a covenant not to compete was assignable, despite the lack of the standard successor and assign language. As a result, the Waxman court ultimately ruled that the employer was entitled to a temporary injunction given that, inter alia (among other things), he would suffer irreparable injury if the non-compete clause was rendered invalid and would have no legal alternatives had the clause been invalidated.

If you are a business employer facing a lawsuit over the legality of a non-compete clause or require assistance in properly drafting one, you should contact an employment litigation attorney for assistance.

• You and your partner do not communicate effectively when problems arise.
• You and your partner disagree about fundamental issues facing your business.
• You and your partner’s business goals and interests differ.
• Your partner is unwilling to cooperate with you.
• Your partner has lost interest in continuing the business.
• You feel like you are carrying most of the weight in the business.

Your Rights under the Florida Revised Uniform Partnership Act

Under the Florida Revised Uniform Partnership Act, a business has the right to remove a partner for many reasons, such as the following:

• Partner misconduct that adversely affects the business
• Willful or persistent breach by a partner of his or her fiduciary duties
• Partner conduct which makes it impracticable to continue working with the individual
• Breach of the terms of the partnership agreement
• Pursuant to any other reasons for removal, such as those enumerated in the partnership agreement

In light of the above, it is strongly recommended that you consult with an attorney who has the knowledge and skills necessary to assist businesses with the legalities associated with the removal of a partner or dissolution of a partnership.