Miami, Florida Non-Compete Agreement Attorney
Employers and employees have certain rights and obligations in regard to non-compete agreements. Litigation and liability arises when an employer or an employee fails to understand what their obligations and rights are under the law. At the Law Office of Gary A. Costales, we advise and represent clients in regard to the drafting, review, negotiation, and litigation of matters related to non-compete agreements.
Before you assert rights you don't have or ignore a contractual obligation you believe doesn't apply to you, contact employment law attorney Gary A. Costales today and schedule a free phone consultation to discuss your case.
In any dispute related to a non-compete clause, the most important issue is enforceability. Are the terms contained in a contract reasonable? Do they impose an undue burden on an employee that impedes his or her ability to rightfully earn a living? Avoiding legal problems in regard to non-compete agreements begins with understanding what sorts of restrictions a contract can reasonably impose on an employee.
The Terms of a Non-Compete Agreement and Enforceability
In general, the following components of a non-compete agreement will determine if it is enforceable or not:
- Geographical restriction: Is the geographical limitation contained in the contract too broad? Does it create an undue burden on the employee for finding other employment where he or she currently lives or works?
- Job Restrictions: Are the kind employment restrictions exclusive to working for current competitors or recruiting from current client lists? Or, do the job restrictions mentioned include companies and functions that are not linked to competitors?
- Length of Non-Compete Agreement: Does the duration of a contract provide reasonable protection for an employer's short-term business interests? Or is it meant to remain in effect beyond the time period needed to adjust to the loss of a particular employee?
- Restrictions on Investment Opportunities in a Competitor: Does a non-compete agreement place unnecessary restrictions on the ability of an employee to invest in a competitor?
- Function or Status of Employee: Does the employee serve an essential function within the company? Do his or her job responsibilities warrant a non-compete?
Understanding What a Non-Compete Means for You
In addition to enforceability issues, compensation for signing a non-compete can also create problems for employers and employees. Typically, if the non-compete is not including in the employment contract and employee is not asked to sign a non-compete upon starting a job, he or she should receive due consideration if asked to do so later. This means an employee should be offered some sort of salary or benefits incentive in exchange for signing a non-compete. If due consideration is not offered, an employer may have a harder time convincing a judge the terms of the non-compete should be enforced.
Contact Employment Law Attorney Gary A. Costales Today
Avoiding liability in matters related to non-compete agreements begins with understanding the issue of enforceability and how the court has typically chosen to treat non-competes. At the law office of Gary A. Costales, we understand the issues involved and the changing contours of employment law that continue to impact decisions in these matters.
To schedule a free phone consultation to discuss your case, contact non-compete agreement lawyer Gary A. Costales today.