Navigation
Document Sample
Florida Non-Compete Agreement
This Florida Non-Compete Agreement (“Agreement”) is made and entered into as of the ___ day of __________, 20___, by and between:
Company Name: ________________________________
Address: ______________________________________
City, State, Zip: _____________________________
Employee Name: ________________________________
Address: ______________________________________
City, State, Zip: _____________________________
In accordance with Florida Statutes, Section 542.335, the parties agree to the following terms:
- Non-Compete Obligation: The Employee agrees that during the term of employment and for a period of _____ (number of months/years) following the termination of employment, the Employee shall not engage in, or assist others in, any business that competes with the Company within a radius of _____ (number of miles) from any of the Company's locations.
- Consideration: In exchange for the Employee's promise not to compete, the Company agrees to provide the following benefits: ________________________________.
- Confidentiality: The Employee agrees to maintain the confidentiality of any proprietary information and trade secrets accessed during employment and agrees not to disclose such information to any third parties.
- Enforceability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue to be valid and enforceable.
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the parties have executed this Non-Compete Agreement as of the date first above written.
Company Signature: ________________________________
Date: ________
Employee Signature: ________________________________
Date: ________
Form Data
| Fact Name | Details |
|---|---|
| Definition | A non-compete agreement is a contract that restricts an employee from working for competitors or starting a competing business for a specified period after leaving a job. |
| Governing Law | The Florida Non-Compete Agreement is governed by Florida Statutes, specifically Section 542.335, which outlines the enforceability and limitations of such agreements. |
| Enforceability Criteria | To be enforceable in Florida, a non-compete agreement must be reasonable in time, geographic area, and scope of activity. |
| Duration | Generally, non-compete agreements in Florida are enforceable for up to two years, though longer durations may be acceptable in certain circumstances. |
| Exceptions | Florida law allows certain exceptions where non-compete agreements may not be enforced, such as when they are overly broad or impose undue hardship on the employee. |
Florida Non-compete Agreement - Usage Guidelines
Completing the Florida Non-compete Agreement form involves several straightforward steps. This form is essential for outlining the terms of a non-compete arrangement between parties. By following these steps, you can ensure that all necessary information is accurately provided.
- Begin by entering the date at the top of the form. This should reflect the date when the agreement is being executed.
- Next, fill in the names of the parties involved in the agreement. This typically includes the employer and the employee.
- Provide the addresses of both parties. This ensures that there is a clear understanding of where each party can be contacted.
- Clearly state the scope of the non-compete agreement. This includes detailing the specific activities that are restricted and the geographic area where these restrictions apply.
- Indicate the duration of the non-compete period. This is the length of time the agreement will be in effect.
- Both parties should review the terms carefully to ensure mutual understanding and agreement.
- Once satisfied with the terms, both parties should sign and date the form. Make sure that the signatures are clear and legible.
- Lastly, keep a copy of the signed agreement for your records. This is important for future reference.
Some Other Non-compete Agreement State Templates
New York Non Compete Law - This agreement protects a company's confidential information and trade secrets.
To ensure a smooth property transfer process, understanding the Arizona Quitclaim Deed is crucial. For a more detailed overview, consider exploring our guide on the essential aspects of a Quitclaim Deed for your real estate needs at essential aspects of a Quitclaim Deed.
Are Non-competes Enforceable in California - The agreement serves as a preventive measure, ensuring that the business maintains its competitive edge in the marketplace.
Dos and Don'ts
When filling out the Florida Non-compete Agreement form, it is crucial to approach the process with care. Here are some key things to consider:
- Do read the entire agreement thoroughly before signing.
- Do consult with a legal professional if you have questions about the terms.
- Do ensure that the agreement is reasonable in terms of duration and geographic scope.
- Do provide accurate and complete information about your employment and role.
- Don't sign the agreement without understanding your rights and obligations.
- Don't agree to overly restrictive terms that could hinder your future employment.
- Don't ignore any clauses that seem unclear or ambiguous.
- Don't rush the process; take your time to review all aspects of the agreement.
Common mistakes
-
Not specifying the duration: One common mistake is failing to clearly state how long the non-compete agreement will be in effect. It’s important to define a specific time frame to avoid ambiguity.
-
Overly broad geographic scope: Many individuals make the error of making the geographic area too large. A reasonable and specific location should be included to ensure enforceability.
-
Vague language: Using unclear or vague terms can lead to misunderstandings. It’s crucial to be precise about what activities are restricted under the agreement.
-
Not considering state laws: Some people overlook the fact that non-compete agreements are subject to state laws. It's essential to understand Florida's specific regulations to ensure compliance.