A Court Is Unlikely To Enforce The Non Compete Agreement

To answer this, it is important to define the employer`s “protective interest”. This is analyzed by courts with tests that vary from state to state. Typically, the courts consider the following factors For example, in Florida, the law supports the non-compete rules, so the facts of your situation and the state in which you live determine where the agreement is enforced against you. Already in Dyer`s Case in 1414, English Common Law decided not to impose restrictions of competition because of their nature as trade restrictions. [4] This prohibition remained unchanged until 1621, when it became apparent that a restriction limited to a given geographical location constituted an enforceable exception to the previous absolute rule. Nearly a hundred years later, with the turn of 1711 with mitchel v Reynolds,[5] the exception became the rule that created the modern framework for analyzing the applicability of non-competition rules. [6] It all depends. The courts` approach to non-competition clauses varies considerably from state to state. Some states are very keen to impose alliances to avoid competition and will actively rewrite those that are too broad geographically or temporally to make them easier to implement.

Other public courts have taken a very negative view of non-compete agreements and have imposed only those that, geographically and over time, were clearly reasonable and are supported by substantial counterparties (the payment of money in return for the agreement). This approach varies from state to state and often depends on the facts of each case. The application of non-competition rules in the state of Florida is quite common. Some law firms rely on these agreements and represent workers, employers and potential new employers of a worker currently subject to a non-compete clause. The agreement should not be too broad and, in general, difficult to implement if it lasts more than two years. [36] However, Florida courts will rarely refuse to impose a non-compete clause because of their length or geographic scope. Instead, Florida law requires courts to affix a “blue pencil” to an inadmissiblely broad or extended non-compete clause to enforce it within Fla`s limits. Stat. § 542.335. [37] Even if the agreement is part of a general contract of employment, there is a possibility of prior infringement by an employer. . .

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