Your employer will inform you that you are bound by your non-compete agreement upon your departure. The reality is that most employees do not have the will or resources to fight them. Many workers feel that they are not bound by a non-compete agreement simply because an employer forced them to sign the contract or get fired. It`s not true. Maintaining employment is a valid consideration for a non-compete clause in Florida. Laws in Florida believe that non-competition bans are valid. That doesn`t mean you can`t get out of yours if you`re willing to fight. The fact that the Florida Supreme Court recently drew attention to the adequacy requirements of the non-compete clause is significant, as it comes after other courts have criticized Florida`s non-compete clause. For example, in 2015, the New York Court of Appeals ruled that Florida`s non-compete clause was not applicable because it was directed against New York`s public order.6 As discussed later, the New York Court ruled that the exception was reserved for public order from “really repugnant” laws. 7 As has been said, federal and other state courts outside Florida have interpreted the law narrowly to justify non-compliance with non-competition prohibitions, or as the New York Court of Appeals directly refused to comply with the statute on public policy grounds. In Brown and Brown, Inc.
v. Johnson, 34 N.E.3d 357 (2015), the New York Court of Appeals called the status of Florida`s non-compete clause “really repugnant.” In 2001, an Alabama court ruled that Florida`s non-compete clause violated Alabama`s public order and that, in that case, Alabama law would apply instead of the Florida law. In 2008 in Illinois and in 2012 in Georgia, there were similar results: the status of Florida`s non-compete clause was used as a violation of public order and local law was enforced in the complaint. No matter how things ended in a workplace, the signing of an release and a severance agreement come with… If the duration of the non-competition clause is too long, it may not be applicable. Agreements of six months or less are considered valid, while agreements of more than two years are considered null and void.