- Non-Compete Agreements
- Non-Solicitation Agreements
- Confidentiality Agreement
- Intellectual Property Agreements
We assist employees with issues related to restrictive covenant agreements, including non-compete, non-solicitation, and confidentiality agreements. Restrictive covenants can significantly impact your career and future employment opportunities by restricting your ability to work in certain industries, solicit clients, or disclose information after leaving your employer.
We offer comprehensive legal support to ensure that your rights are protected, whether you are negotiating a new contract, seeking to understand the limitations of an existing agreement, or facing enforcement actions from a former employer.
If you believe a restrictive covenant agreement is unfairly limiting your employment opportunities or if you need advice on how to proceed, we can help. We are committed to ensuring that your professional freedom and career prospects are safeguarded. We will thoroughly review your agreement, explain your rights and obligations, and develop a strategic plan to address your concerns.
Contact us today to schedule a consultation and learn more about how we can assist you with restrictive covenant agreements.
Frequently Asked Questions About Florida Non-Compete Agreements
What laws govern non-compete agreements in Florida?
Florida Statute § 542.335 governs non-compete agreements, as well as the new CHOICE Act (see below).
Florida Statute § 542.335 provides the legal framework for all restrictive covenants that do not meet the requirements of the CHOICE Act, which includes non-compete, non-solicitation and confidentiality agreements. Florida Statute § 542.335 describes what qualifies as a legitimate business interest necessary to support the restrictions, and requires any restriction to be reasonable in duration, geographic area, and scope of activity restricted to be enforceable.
What is a “non-compete” agreement?
A non-compete agreement or term restricts the worker from working in a similar role for a competitor for a certain period of time following separation within a specific geographic area.
What is a “non-solicitation” agreement?
A non-solicitation agreement or term restricts the worker from contacting or luring away customers or employees from their former employer for a certain period of time following separation.
What is a legitimate business interest under Florida law?
A legitimate business interest is a business asset that justifies placing restrictions on employees to prevent unfair competition.
Legitimate business interests include trade secrets, confidential business or professional information, substantial customer relationships, goodwill associated with a trade name or location, and specialized training.
Must a non-compete be in writing and signed to be enforced in Florida?
Yes, Florida requires non-competes to be in writing and signed.
Without a signed written agreement, enforcement is not permitted under Florida law.
Does an employer have to pay an employee extra to sign a non-compete agreement?
No, continued employment is enough consideration under Florida law.
Florida does not require anything more, such as a bonus or promotion, to enforce a non-compete.
Are independent contractors covered under Florida’s non-compete statute?
Yes, Florida law explicitly applies to independent contractors.
The same statute that governs employee non-competes also covers contractors, provided the agreement meets statutory requirements.
Frequently Asked Questions About the Florida CHOICE Act
Learn how Florida’s new CHOICE Act impacts workers with non-compete and garden leave agreements. Since the new law is such a drastic change from existing non-compete law, it is likely to be highly litigated in the years to come and the answers to these question will become more clear.
What is the Florida CHOICE Act?
The Florida CHOICE Act (Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act) enhances the enforceability of non-compete and garden leave agreements for high-wage earners.
The CHOICE Act aims to give employers stronger legal rights over Florida workers, and stronger remedies to enforce them. It became effective on July 1, 2025.
Which Florida workers are impacted by the CHOICE Act?
The CHOICE Act applies to Florida workers who earn more than twice the annual mean wage in their Florida county (with the exception of licensed health-care practitioners).
The law applies to both employees and independent contractors who work or live in Florida.
What is a garden leave under the CHOICE Act?
Under the CHOICE Act, garden leave is when a worker is paid their base salary to stay home during a notice period, which can last up to four years, while not working for a competitor. After the first 90 days, the worker may be relieved of duties but still receives pay. Workers may only take another job during the garden leave period if the employer consents.
How long can non-competes or garden leave agreements last under the CHOICE Act?
Under the CHOICE Act, non-compete or garden leave agreements can last up to four years! Workers can be blocked from working in a similar role at another company, or from using customer relationships, if they may use confidential information.
What are the requirements for the CHOICE Act to apply to a Florida worker’s non-compete or garden leave agreement?
For the CHOICE Act to apply, a garden leave or non-compete agreement must:
- Be in writing;
- Allow the worker at least 7 days to review the agreement before signing;
- Inform the worker, in writing, of their right to consult legal counsel;
- Include a written acknowledgment by the worker that they will receive confidential information or substantial customer relationships during their employment;
- Apply to a worker earning more than twice the mean wage in their Florida county;
- Involve a worker whose primary place of work is Florida, or someone who works for an employer whose principal place of business is in Florida (but in this case the agreement must expressly governed by the laws of Florida).
How is the CHOICE Act enforced?
The CHOICE Act fast-tracks enforcement in favor of the former employer. Employers may obtain injunctions preventing the former worker from taking a new job. Agreements that meet the requirements of the CHOICE Act are presumed valid. Workers (not the company) have the burden of proof and must prove by clear and convincing evidence that there is no unfair competition or that the employer breached the agreement in order to avoid enforcement. Non-compete agreements that fail under the CHOICE Act are still enforceable under Florida Statute § 542.335.
Does this affect workers outside Florida?
Yes. If the contract states it is governed by Florida law and the employer is based in Florida, the CHOICE Act may apply even if the worker lives elsewhere. This may clash with laws in states like California that ban non-competes.
