How long can a non-compete clause be enforced in the state of Florida?

Non-compete agreements are enforceable contracts in the State of Florida as long as such contracts are reasonable in time, area and line of business. The validity of non-compete agreements in Florida is determined by the law that was in effect at the time the parties entered into the agreement. When did you sign the 10 year non-compete agreement?

Valerie Kiffin Lewis, Esquire
Employment Lawyer/Mediator
Valerie Kiffin Lewis,P.A.
401 N.Avenue of the Arts
Fort Lauderdale, FL 33311
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(954) 252-3400

posted by Valerie Kiffin Lewis  |  May 9, 2010 07:47 AM [EST]

Florida law presumes that 3 years or less is reasonable in your situation and that 7 years or more is unreasonable. Anything between these two periods would be reviewed by the courts on a cases by case basis to determine what is appropriate. the judge has a lot of discretion between 3 and 7 years. It is certainly possible that many judges would not go beyond 5 years, but it would depend on the judge's view of the various issues relating to the purchaser's claim that it has a legitimate business interest in enforceing the agreement beyond the five year perid.

Archibald J. Thomas, III
Board Certified Labor & Employment Lawyer
Law Offices of Archibald J. Thomas, III, P.A.
4651 Salisbury Road, Suite 255
Jacksonville, Fl 32256
archibald@job-rights.com
www.job-rights.com
904-396-2322

posted by Archibald Thomas  |  May 7, 2010 07:51 AM [EST]