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Can I require employees to sign non-compete agreements in Florida? What are the requirements?
Non-compete agreements are enforceable in Florida, but there are certain requirements that must be met.
Requirements for Non-Compete Agreements in Florida
- Legitimate Business Interest: The non-compete agreement must be necessary to protect a legitimate business interest, such as trade secrets, confidential information, or customer relationships. [1.1]
- Reasonable in Time and Geographic Scope: The non-compete agreement must be reasonable in time and geographic scope. The time period and geographic area must be no greater than necessary to protect the legitimate business interest. [1.1]
- In Writing and Signed by Employee: The non-compete agreement must be in writing and signed by the employee. [1.1]
- Notice Requirement: The employer must provide the employee with notice of the non-compete agreement at least 14 days before the employment begins. If the non-compete agreement is entered into after the employment begins, the employer must provide the employee with consideration beyond continued employment. [1.1]
It is important to note that there are additional requirements for employee leasing companies in Florida. For example, employee leasing companies must provide evidence of workers’ compensation coverage for all leased employees in the state. [3.2] However, the documents provided do not indicate any additional requirements specific to non-compete agreements for employee leasing companies.
Conclusion
In summary, non-compete agreements are enforceable in Florida if they are necessary to protect a legitimate business interest, reasonable in time and geographic scope, in writing and signed by the employee, and the employer provides the employee with notice and consideration. There are additional requirements for employee leasing companies in Florida, but they do not appear to be specific to non-compete agreements. [1.1][3.2]
Source(s):
Jurisdiction
Florida