If you are a business owner or have worked under some organization for a specific field. Then you probably have assigned a non-compete clause contract. The main question that arises is that- Can I Fight Non-compete Clause In Florida Court? Just like any other contract, there are certain limitations and restriction you have to keep in consideration. These agreements are enforceable by law.
What is a non-compete clause?
In contract law, a non-compete clause is an agreement under which one party agrees over they would not enter while working in the course of hiring for the same business or trade or for the competition against the second party. The extent of the non-compete clause is legally acceptable but varies in a jurisdiction. For example, if there is any breach in the contract, there will be no consideration of the non-compete clause.
- In the states of Florida, some law firms practice the agreement of non-compete clause for an employer’s confidential terms and conditions. But it is nearly impossible to stretch the contract for a long span. If the contract crosses two years of binding, then the contract becomes unenforceable under the state of Florida.
- However, Florida courts rarely refuse to enforce this Act, as its range and scope are narrow. The contract of non-compete clause includes some time period, qualifications and geographic location.
- The burden is on the employer about the restrictions and enforcement should be necessarily legitimate. If the contract is not legitimate and fair, then the employer is not answerable for the enforcement of the contract.
When is the Contract unenforceable?
When parties enter into a contract, then they mutually agree over the terms and conditions of a contract. The consent of both parties is one of the most important factors in a contract, agreement. Without the will of any other party would make the contract null. There are several cases when the contract becomes unenforceable. Under such circumstances, resulting in the employee is not reasonable for the agreement anymore.
- There is a case of Minor Breach of Contract, where the important aspects of the contract were received. But some small parts of the contract remain incomplete. It is also called an Immaterial Breach. In this case, it is hard to show the damages of a breach.
Example- In shipping of the refrigerator, the seller didn’t provide the user manual. So it is almost impossible to show harm caused as there is no loss of money caused.
- This is a very common breach of contract, when one party is unable to fulfil the obligations to another party, resulting in, breach of contract. After the breach, the contract is entitled to void.
- An actual breach kind of contract is the contract in which the wronged party is answerable for compensation to another party for their damages.
Example- Buyer ordered a pink maxi dress, but he gets a tank top instead of the maxi dress. Then the seller is responsible for the damages caused to the buyer.
- The employer’s failure to pay the compensation in the favor of the agreement is a very common breach of contract, in this case, the injunction or termination of the contract may occur.
Consideration Of Breach In The Florida State
When an employee faces any lawsuit of a non-compete clause, then he can defend himself by challenging the enforceability of the contract. There are many aspects working at the same time. If there is any breach in the contract, then the employee can defend himself as there are no restrictions if the contract is void. You cannot make a penalty if there is no contract. For common defence, the employee should just claim that there is a breach.
Can I Fight Non-compete Clause In Florida Court?
Whether talking about Florida, the agreement of non-compete is unreasonable and unenforceable. But the agreement still remains enforceable, but the court cut the duration or area in which it was applicable.
In Florida, the contract lasts only for two years. As this contract is specialized and very specific, so this is almost impossible to make it long last. The contract should be almost six months old to keep it under consideration and if the contract is an infant, then, court work on different aspects of legitimacy of business like the period of hiring, the duration of working before leaving, etc.
The main concern that arises is that- Can I Fight Non-compete Clause In Florida Court? If the Florida court is in the favor of an employee then the temporary injunction may take place, however, Florida mostly do not concentrates look on the injunctions.
Case Law
Can I Fight Non-compete Clause In Florida Court?
Consider AB is a company, who hired an employee to work in New York City. Both parties assigned the terms and conditions for the duration of work and hiring, also agreed to the contract of a non-compete in Florida. And they decided the contract will be considered as it is in New York too. The employee worked for the AB Company in New York and made good progress over there, built customer relationship nicely. After some years the termination period dawn, AB company terminated her job after a month of termination of the contract took place.
Now the employee got hired in another company which was the competitive body of AB Company, filed a lawsuit against the employee which was working for their competitors, in the urge of spoiling the secrecy of their company, in the courts of Florida, the contract of restrictive covenants were same in both Florida and New York City.
The court of Florida concluded that this agreement mainly focuses on the interests of an employee, refusing the prohibition against the employee. The ramifications under this contract may vary from each other in cases, as the aspects change the jurisdiction also change, the basis on the circumstances. Court studies all the ramifications and mostly don’t want to sanction any of the party’s livelihood.
Summary
The contract is based on some basic rules like conception, obligations, acceptance, capacity and legality, these elements that make the contract legally binding. If there is no balance in these elements, the contract makes no sense of existence. The elements may change as the subject matter changes. Intention involves a genuine legal relation. The contract should have a legal purpose and transparency, which will make it legally enforceable. In certain circumstances, the agreement becomes void and unlawful leading to injunction, but that is just to overrule the statute.
