Naples Non-Compete Agreement Attorney

Non-compete agreements are a critical component of business relationships. Simply put, non-compete agreements restrict or limit the “how, when, and where” of an ongoing or recently concluded business relationship.

Vernon Litigation Group assists clients in all types of non-compete matters, including agreement negotiation, tortious interference allegations, alleged violations, and more. Our award-winning Naples non-compete agreement attorneys provide customized legal solutions tailored to the unique needs of our clients. We are happy to meet with you to discuss your case, either in person or over the phone.

Need help with a non-compete agreement? Contact us today at (239) 319-4434 for a free consultation and protect your career.

The Purpose of Non-Compete Agreements

Non-compete agreements generally arise in three circumstances:

• Most commonly, non-compete agreements are signed to anticipate actions that occur when an employer and an employee sever their relationship and the employer does not want the employee to compete in the same field.
• Non-compete agreements can also be entered into when a business and an independent contractor are terminating their relationship.
• Finally, a non-compete can be utilized when two business entities anticipate parting ways and wish to limit future competition for a certain period of time.

Unfortunately, parties who sometimes desire to move on with their careers can be restricted from doing so by non-compete agreements.

Non-Compete Agreement Litigation

When a non-compete agreement restricts or limits your ability to move forward in your career, Vernon Litigation Group can help.

We have significant experience handling litigation involving non-compete agreements including:

• Allegations of tortious interference with prospective business relationships
• Inconsistent or vague terms within a non-compete agreement
• Disputes surrounding the applicable geographic area and protected market of the non-compete agreement
• Disputes related to a non-compete agreement’s time limitation period or effective date
• Forfeiture of compensation, enforcement of promissory notes, or other disagreements related to compensatory payments
• Disputes about which parties are bound to comply with the non-compete agreement
• Validity of non-compete agreements in certain jurisdictions or states
• Alleged violations of non-disclosures related to non-compete agreements

No matter the specific issue you are facing, our Naples non-compete agreement attorneys are prepared to help you understand your legal options and fight to protect your rights.

Florida Non-Compete Agreement Laws

Florida has specific laws governing non-compete agreements, outlined in Florida Statute 542.335. These laws determine when a non-compete agreement is legally enforceable.

What Makes a Non-Compete Agreement Enforceable in Florida?

For a non-compete agreement to be valid, it must meet these key requirements:

• Legitimate Business Interest – The employer must prove the agreement protects a valid business interest, such as trade secrets, confidential information, or customer relationships.
• Reasonable Restrictions – The agreement must have fair limitations on time, geographic area, and scope of work. Courts generally favor shorter timeframes and smaller geographic areas.
• Not Overly Restrictive – If a non-compete unfairly prevents someone from earning a living, it may be deemed unenforceable.

Recent Legal Changes in Florida

• Florida courts have recently increased scrutiny on overly broad non-compete agreements.
• There is ongoing discussion about limiting non-compete agreements for low-wage workers.

How to Challenge a Non-Compete Agreement

If you feel a non-compete agreement is unfair, there are legal ways to challenge it.

Legal Grounds to Challenge a Non-Compete Agreement

• Unreasonable Timeframe – If the agreement restricts you for too long (e.g., five years when one year would be reasonable).
• Too Broad of a Geographic Scope – If it prevents you from working in a vast area where your employer doesn’t even operate.
• Lack of a Legitimate Business Interest – If your role did not involve trade secrets, confidential information, or specialized training.

Steps to Take if Your Non-Compete is Too Restrictive

1. Consult an Attorney – A lawyer can assess whether your agreement is enforceable.
2. Negotiate with Your Employer – Many disputes can be settled through negotiation.
3. File a Legal Challenge – If necessary, you can take the case to court.

How Courts Determine Reasonableness

• Judges look at whether the agreement is necessary to protect the employer.
• They assess whether the restrictions are too harsh or unfair.
• If the terms are vague or excessive, the court may modify or invalidate them.

Defending Against Non-Compete Agreement Violations

If an employer claims you violated a non-compete, they may take legal action. Here’s how to defend yourself.

How Employers Enforce Non-Compete Agreements

• Sending Cease-and-Desist Letters – Employers often start by warning former employees.
• Filing a Lawsuit – If an employer believes you have caused financial harm, they may sue.
• Seeking Injunctions – Employers may ask a court to prevent you from working for a competitor.

Common Defenses Against Non-Compete Claims

• The Agreement is Unenforceable – If it is too broad or lacks a legitimate business interest.
• Employer Breach of Contract – If your employer violated their own agreement, such as failing to pay you as promised.
• You Were Forced to Sign Under Duress – If you were pressured into signing without fair negotiation. 

Strategies for Negotiating a Settlement

• Mediation – A neutral third party can help both sides reach an agreement.
• Compromise on Restrictions – You may agree to limit your competition in certain ways rather than a full ban.
• Financial Settlements – In some cases, an employer may offer compensation to release you from the agreement.

If you’re facing a non-compete dispute, seeking legal guidance early can help protect your career.

Put Over a Decade of Experience On Your Side

Vernon Litigation Group understands the nuanced nature of business relationships. Drawing on our 10+ years of experience, our team of attorneys is prepared to handle your business relationship issues, including non-compete agreement matters, both in and out of the courtroom.

Many times, the most difficult aspect of litigation is learning how to communicate effectively with your adversaries. Let Vernon Litigation Group handle that difficult process for you to resolve your business dispute, whether it simply involves contacting your adversaries or if it involves resolving your dispute with litigation.

Frequently Asked Questions (FAQ) About Florida Non-Compete Agreements

Can my employer force me to sign a non-compete agreement?

• No, you cannot be forced to sign a non-compete agreement. However, if you refuse, your employer may choose not to hire you or may terminate your employment if signing is a condition of your job.

Are non-compete agreements enforceable if I was fired?

• Yes, a non-compete agreement can still be enforceable even if you were fired. Florida courts typically enforce these agreements regardless of how the employment relationship ended. However, you may be able to challenge it based on fairness and reasonableness.

Can I negotiate the terms of a non-compete agreement before signing?

• Yes! Employees have the right to negotiate terms such as time limits, geographic restrictions, and scope of work limitations before signing. Consulting an attorney before agreeing to any terms is highly recommended.

What industries in Florida commonly use non-compete agreements?

Non-compete agreements are frequently used in:

• Healthcare (doctors, nurses, specialists)
• Technology and software development
• Financial services and banking
• Sales and marketing
• Trade industries with confidential methods or client lists

How long can a non-compete agreement last in Florida?

• Florida courts generally consider six months to two years as reasonable for employees. Anything longer may be challenged unless special circumstances apply.

Contact Us for a Free Consultation on Non-Compete Agreements

We offer free, private consultations and case evaluations to all prospective and new clients. We are happy to meet with you to discuss the specifics of your case and inform you of your various legal options. We strive to develop strategic, customized solutions for our clients, tailored to their unique needs, concerns, and goals. 

Facing a non-compete dispute? Don’t wait—contact us at (239) 319-4434 to discuss your legal options.