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Supreme court ruling changes Florida noncompete law

Home health care agencies in Florida can now receive protection relating to their business interests. A recent decision by the Florida Supreme Court ruled that home health care agencies in Florida can enforce the non-compete agreements they require their marketing representative to sign. In other words, marketing representatives employed by home health care agencies will no longer be able to leave their jobs and bring their books of clients with them.

The decision relates to the case of two marketing reps who worked at different home health care groups. According to the home health care agencies that employed them, the firms lost business when the two women left their jobs and violated their noncompete agreements while working for other agencies.

The decision could essentially render the relationships that health care representatives build with physicians and hospital referral sources could be untouchable after a rep leaves a particular home health care agency. According to one employment law attorney, the issue is no longer a grey area of the law like it used to be. The enforceability of the noncompetes, however, will probably not be absolute. In some cases, where a marketing representative had only very limited contact with a particular person, he may be permitted to solicit that individual's business while working with another agency.

Are you an employer with an employee who signed a noncompete clause? Are you an employee trying to determine if your noncompete is enforceable? No matter what your noncompete issue happens to be, consulting with a Miami employment law attorney can help you get a handle on your situation.

Source: homehealthcarenews, "Home Health Referral Sources are Protected in Florida," Amy Baxter, Sep. 20, 2017

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