Florida`s non-compete clause under fire Criticism of Florida`s non-compete clause is not new. It should be noted that, unlike other legislative measures adopted by Florida on the basis of a single code developed by a Commission of Experts for the Promotion of Uniformity Among States,22 there is no accepted uniform non-competition clause. Therefore, the way states deal with non-competition is very different. At one end of the spectrum, California does not allow any non-compete clauses, except for the sale of a business23 As a result, California is considered a worker-friendly public political state. At the other end of the spectrum is Florida, considered the strongest non-compete clause in the country.24 Despite the well-known and accepted diversity of the state`s non-compete rules, recent criticism of Florida`s non-compete clause seems more intense and higher. • Two main criticisms- While the provisions under discussion above are standard non-compete rules and clauses that have generally not been criticized and have been applied by other jurisdictions, some of the detailed provisions of the non-compete clause adopted by Florida, which follow these standard provisions, have been considered unbalanced and excessively favorable to employers. What is probably the most criticized is the provision that prevents the consideration of the harm suffered by the worker: the law states that “when a court must determine the enforceability of a restrictive agreement, it must not take into account an individualized economic or harsh rigor that could occur to the person against whom enforcement is sought”. 20 A second provision, often criticised, is the prohibition of the law against any rule of contractual construction which `obliges the court to interpret closely a restrictive agreement, against the limitation or the author of the contract`. 21 Since employers generally strive to impose non-competition clauses, both of these provisions favour the employer. A labor attorney in Florida can help you establish effective and enforceable non-compete rules with your employees.
Or if your employee has violated a non-compete clause, a lawyer can help you apply for an injunction.
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