If everyone feels that the terms of the non-competition clause are fair, both parties can sign it. You should keep a copy for your recordings and give your employee a copy for his recordings. Non-competition and non-solicitation agreements are applicable to the extent that they are necessary to protect a party`s legitimate business interests. Under Florida law, legitimate business interests include: (1) trade secrets; (2) valuable confidential business or business information; (3) essential relationships with certain potential or existing clients; (4) the customer`s value related to a current business or business practice, geographic location or specific marketing or commercial area; and (5) extraordinary or specialized training. However, it is common knowledge that the non-competition clause cannot be used solely as an instrument for eliminating competition. Edwards v. Harris, 964 So. 2d 196, 297 (Fla. 1st DCA 2007).
This non-competition agreement (the agreement) is concluded on that day between (employees) and (companies) (hereafter referred to as the company), who agree as follows: 1. The worker has his full working time… APPLICABLE LAW. This convention and its interpretation are governed by the laws [state, province or territory]. In order to meet Florida`s requirements, any competition or non-invitation agreement must be signed in writing and by the person against whom the application is requested. In addition, the enforcement entity assumes the initial burden of asserting itself and demonstrating that the contract withholding to protect a legitimate business interest is reasonably necessary. Once the moving party has established its prima facie case, the other party must demonstrate that the restriction is excessive, or that it is not reasonably necessary to protect the legitimate legitimate business interest. Our lawyers have successfully represented employers who assert rights against former employees for breach of competition agreements and non-invitation. NON-COMPETITION. For the duration of the agreement and [the duration] after the termination of the employer`s relationship with the worker for any reason, the employee will not work as an employee, public servant, director, partner, advisor, agent, owner or any other function with a competing company.
This means that the employee is not allowed to do work to [describe the type of business] in [geographic area]. An alternative to this agreement is to include a non-compete clause in a legally binding employment contract or a confidentiality contract form. EMPLOYEE ACKNOWLEDGEMENTS. The employee acknowledges that he had the opportunity to negotiate this agreement, that he had the opportunity to seek the assistance of a lawyer prior to the signing of this agreement, and that the restrictions imposed are fair and necessary for the business interests of the company. Finally, the employee agrees that these restrictions are proportionate and do not pose a threat to their livelihoods.