Non-compete agreements are important business contracts that Florida attorneys can prepare. 

Florida – September 20, 2021

A non-compete agreement is a legal agreement between an employer and an employee regarding business activities that are conducted, often containing business secrets, or proprietary information that should remain inside the business. In most instances, employees, contractors, and consultants have to sign these types of agreements and the document may restrict an ex-employee from seeking work with competing businesses for a designated amount of time.  The goal of a non-compete is to protect an employer from unfair competition.  There are other times where the “non-compete” language is a clause built into Florida business contracts.  An experienced business law attorney can assist individuals as they create legal documents that include contracts, and other legally-binding agreements.

Florida business contracts.

Florida Courts allow freedom to form and negotiate most contracts without government intervention.  The intent of the parties to a contract must be spelled out so there is no confusion about what is expected of the parties in order to satisfy the contract.  A contract is an oral, written, or digitized agreement between two or more parties outlining terms for parties to make a legal “exchange of something” – a consideration.  Even though a legal contract can be oral, it is best to put things in writing in the event a dispute arises and one or both of the parties is not honest about what they said.  Florida attorneys can prepare written contracts that also protect and outline legal action in the event there is a breach of duty due to extenuating circumstances.

Non-compete between business entities.

In some instances, two sophisticated companies may enter into binding agreements placing restrictions on one of the entity’s ability to compete.   This may occur when one company has acquired, or initiated a merger with another company and they want to ensure that the governing body of officers and directors do not form a new business and take clients lists with them.  Another scenario may occur when two business with overlapping ownership want to reduce competition and increase market share, while minimizing confidential information swapping.  A business law attorney can explain how the non-compete language will work as a clause, or a separate agreement.

Elements of a valid Florida contract.

• A stipulated start and end time, including the length of the contract, and signatures proving agreement upon the consideration and process of delivery.
• Naming jurisdiction as to wherea dispute will be resolved; governing law indicates which state’s law will be used to decide the dispute.
• Parties to a contract must be named and linked with their associated business entity if there is one.
• Purpose of the contract includes consideration, or the amount or benefit the parties will exchange for their unique demands.
• Delivery of goods or services will be named in the contract along with a timeline.
• Compensation is the payment for completing the delivery of a good or service.
• Terms and conditions usually include a scope of work, which is an outline of what one party expects of another.
• Consequences of breach result in the liability assigned to each contracted party if they breach the contract, or fail to deliver upon the agreed terms.

Hire a business law attorney.

It is always wise to seek the assistance of an experienced business attorney when writing contracts to save yourself, or a business from negative consequences including legal action that may cost more than desired.  Attorneys at Legal Counsel, P.A. can assist with the preparation of contracts for business between clients and employees.

Legal Counsel, P.A.

Winter Garden (Main Office)

13330 W. Colonial Dr., #110
Winter Garden, Florida 34787

Phone: 407.982.4321

Downtown Orlando

189 S. Orange Ave., Ste. 1800
Orlando, Florida  32801

Orlando Phone: 407.395.2653

Fax: 407.982.2587

Email: [email protected]

Sources:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XXXVI#TitleXXXVI

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/0448.html