Florida Is a Right to Work State. No, That Doesn’t Mean Your Non-Compete Agreement is Unenforceable.
Clients frequently ask me about the enforceability of non-compete agreements. Some clients assume that because Florida is a right to work state, they can’t be denied their “right to work” in their chosen field. Sorry, it doesn’t work that way. Sometimes laws don’t mean what they sound like they mean. The right to work is […]
Under section 542.335, Florida Statutes, the violation of an enforceable restrictive covenant such as a non-compete agreement creates a presumption of irreparable harm to the party seeking enforcement. Irreparable harm is one of the key elements needed for an injunction, i.e. a court order preventing the former employee from continuing to violate a restrictive covenant. […]
I wrote recently about the importance of inserting choice-of-law provisions in non-compete agreements. But as a recent decision by a New York appellate court makes clear, a court may refuse to apply a choice-of-law provision if it finds that the chosen law offends the public policy of the state in which the court sits. In […]
A recent decision by a Pennsylvania appellate court illustrates the importance of choice of law provisions for companies that want to enforce their non-compete agreements on a nationwide basis. A choice of law provision is a contractual term in which the parties specify that any dispute arising under the contract will be determined in accordance […]
Can you make your employee non-compete agreement enforceable across all jurisdictions in the United States? Should you even try? Those were two of the questions asked at a panel conference on trade secrets and non-compete agreements which I recently attended. The consensus answer among the panelists was “no” and “no.” I agree. Employee non-compete agreements […]