NON-COMPETE VIOLATIONS

Orlando Non-Compete Violations Lawyers

A former employee just went to work for your competitor, or the person who sold you the business has opened up down the street. A non compete agreement attorney at Legal Counsel, P.A. enforces restrictive covenants for Orlando employers and business buyers.

How Our Non-Compete Agreement Attorneys Help Orlando Employers and Buyers

When an employee leaves and competes

Non-compete violations show up in two situations. The first involves an employee. Employers ask executives, salespeople, technical staff and anyone with access to customers or confidential information to sign a non-compete agreement as part of the employment contract when they’re hired, because those are the people who can do the most damage after termination of employment.

A non-compete agreement is an agreement not to work for a rival of the former employer for a set period after leaving, not to launch a competing business built on what they learned at your company, and not to solicit your clients or your staff.

Properly drafted, non-compete and non-solicitation agreements together protect trade secrets, business processes and customer relationships. When someone who was required to sign the agreement breaks it, you may have the right to an injunction that stops the competition and to damages for what it has already cost you.

When the seller of a business competes: the non-competition covenant

The second involves the sale of a business. Nearly every business purchase, whether an asset sale or a stock or membership interest sale, includes a non-competition clause and a non-solicitation clause that stop the seller from taking the purchase money and then competing against the business they just sold.

Florida law treats that clause as protecting the goodwill the buyer paid for, and courts uphold it more readily than an employee non-compete. If you’re buying a business in Florida, this provision is among the most important in the contract, and if you’ve bought one and the seller is now competing, it’s the provision we take to court.

Who handles your case

Michele Diglio-Benkiran founded the firm and has practiced business and real estate law since 1999. Richard Sierra brings more than three decades of commercial litigation experience. Our Orlando non-compete attorneys take the time to understand your non-compete agreement and your circumstances, and we draft restrictions that will hold up if they’re ever tested. Non-compete lawsuits move fast and turn on technical points, and the employer who prepared for them wins more often.

Have questions? We have answers.

Call Legal Counsel, P.A. at 407-982-4321 for a free consultation, or send us the agreement and we’ll tell you whether it holds.

Limits of Non-Compete Agreements: When a Restrictive Covenant Is Enforceable

The statutory test under Florida non-compete law

Florida employment law is among the most employer-friendly in the country on restrictive covenants, but a non-compete agreement is only enforceable if it meets the statutory test. Non-competes that fail it are unenforceable no matter how clearly they were written, and a labor and employment lawyer on either side will look at these requirements first.

Under Florida’s restrictive covenant statute, the agreement must be in a writing signed by the person it’s enforced against. The party seeking to enforce it must plead and prove a legitimate business interest that justifies the restriction, such as trade secrets, valuable confidential information, substantial customer relationships, customer goodwill tied to a specific geographic area or trade, or specialized training.

And the restriction must be reasonably necessary to protect that interest, which in practice means the terms of a non-compete agreement have to be reasonable in time, geographic scope and line of business.

How long the terms of a non-compete agreement can run

The statute gives courts presumptions about duration. For a former employee, agent or independent contractor, a restriction of six months or less is presumed reasonable and one longer than two years is presumed unreasonable. For a restriction tied to the sale of a business or an ownership interest, the presumptions are far more generous: three years or less is presumed reasonable and only a restriction longer than seven years is presumed unreasonable.

A non-compete agreement that’s too broad isn’t automatically unenforceable, either. Florida courts are directed to modify an overbroad restriction and enforce it as modified, rather than throw it out.

How to enforce a non-compete agreement

Employees ask us what happens if you violate non compete terms, and employers ask what it takes to enforce the non-compete agreement. Enforcement doesn’t always mean a lawsuit. When an employee leaves for a competitor, sending the new employer a copy of the signed non-compete agreement is often enough to end the problem, because the new employer doesn’t want to be sued for tortious interference. A cease-and-desist letter resolves many of the rest.

When a departing employee opens a competing business or a seller starts calling the customers they just sold you, a lawsuit is usually necessary, and the statute helps: a violation is presumed to cause irreparable injury, which supports an injunction, and the prevailing party can recover attorney’s fees.

The 2025 CHOICE Act

Since July 1, 2025, Florida has a second framework layered on top of the existing statute. The CHOICE Act applies to employees and independent contractors who earn more than twice the annual mean wage of the Florida county where the employer is based, and it makes covered non-compete and garden leave agreements presumptively enforceable for up to four years.

Three conditions attach. The employee must be advised in writing of the right to consult a lawyer, gets at least seven days to review the agreement before signing, and acknowledges in writing that the job comes with confidential information or customer relationships.

A court must preliminarily enjoin a covered employee who breaches, and the burden shifts to the employee to show why the restriction shouldn’t be upheld. Health care practitioners are excluded, and any agreement that doesn’t meet the Act’s requirements falls back to the ordinary statute, which still requires that non-compete agreements must be reasonable to be enforced.

For employers with high-earning key personnel, it’s worth a non-compete agreement review to bring existing agreements under the new law, and any covered employee should read the terms of a non-compete carefully before signing.

Protect Your Business Interests

A sound non-compete agreement protects your business, but every one of the requirements above has to be met for it to be enforceable. Enforceability is decided on the language, and an agreement drafted from a template usually misses at least one requirement. As a non-compete agreements attorney who helps employers enforce a non-compete agreement and helps business buyers do the same, Legal Counsel, P.A. reviews existing agreements, redrafts the ones that won’t hold, and takes the ones that will to court when needed.

We also represent business owners who are accused of violating a non-compete agreement they signed when they sold or left a company, so we know both sides of these cases.

If an ex-employee’s violation has cost your business customers or revenue, or the prior owner is competing with the business you bought, you may be entitled to an injunction, damages and fees, and we’ll tell you honestly which of those is realistic.

Why Work With Legal Counsel, P.A.

Non-compete cases move fast, because the damage compounds every week an ex-employee is working the customer list for a new employer. Our law office is built for that: a business practice that drafts the agreements and a litigation practice that takes them to court, in one office. Michele Diglio-Benkiran has practiced business and real estate law since 1999, and Richard Sierra is a commercial litigation and bankruptcy lawyer with more than three decades of experience.

Results matter here, and speed is part of the result. We offer a free consultation, and pay later options are available for clients who qualify.

Serving Orlando and Central Florida Employers

We handle restrictive covenant cases for businesses throughout Orlando and Orange County, and across Central Florida from our Winter Garden, Orlando and Seminole offices. Injunction actions for Orlando employers are typically filed in the Circuit Civil Division of the Ninth Judicial Circuit at the Orange County Courthouse. Non-compete work is part of our broader business litigation practice.

Is an ex-employee or seller competing against you right now?

Every week matters in a non-compete case. Talk to a non-compete agreement attorney
today; the consultation is free.

Non-Compete FAQ

A contract, or a clause in a larger contract, in which one party agrees not to compete with the other for a set time in a set area. In Florida they appear most often in employment contracts and in business sale contracts, and they’re governed by a specific statute that sets the rules for upholding them.

The employer or buyer can sue for an injunction ordering you to stop, for the damages the violation caused, and for attorney’s fees if they win. Because Florida presumes a violation causes irreparable harm, courts grant injunctions in these cases more readily than in most civil disputes. A new employer who hires you knowing about the agreement can be sued as well.

Yes. A non-compete agreement is enforceable when it’s in a signed writing, protects a legitimate business interest, and is reasonable in duration, geography and scope. Florida enforces them more consistently than most states, and it allows courts to narrow an overbroad agreement rather than void it.

In Florida, well, provided they were drafted to the statute. The cases employers lose are usually the ones where the agreement wasn’t signed, the “legitimate business interest” was never identified, or the restriction was so broad that even a narrowed version couldn’t be justified.

No signed writing, no legitimate business interest behind it, a restriction far broader than the interest requires, or an employer who breached the employment agreement first. Under the CHOICE Act, an agreement that skips the required notice and review period loses that Act’s protections and falls back to the ordinary rules.

For an ordinary employee, up to two years is generally defensible and six months or less is presumed reasonable. For a seller in a business sale, up to seven years can be enforced and three years or less is presumed reasonable. Under the 2025 CHOICE Act, covered high-earning employees can be bound for up to four years.

A restriction no broader than the interest it protects. A salesperson who covered Orange County can be kept out of Orange County, not the whole state. A restriction on the specific line of business is reasonable; a ban on working in the industry at all usually isn’t.

It created a presumptively enforceable category of non-compete and garden leave agreements for employees earning more than twice their county’s mean wage, allowed those agreements to run four years, and required courts to enjoin breaches. It sits alongside the existing statute rather than replacing it, and agreements that don’t meet its requirements are still judged under the older rules.

Yes. Employees have the right to challenge the validity of non-compete agreements, and a non-compete lawyer can assess the odds. Common defenses are that the agreement isn’t signed, that the employer has no legitimate business interest to protect, that the restriction is overly restrictive in time or territory, or that the employer breached the employment agreement first. Whether those defenses succeed depends heavily on the specific language, which is why the agreement should be reviewed before you take the new job rather than after.

Negotiate a release or a narrower restriction with the employer, wait out the term, show the agreement fails one of the statutory requirements, or show the employer breached first. There is no shortcut; simply ignoring a valid non-compete is how people end up defending an injunction.

Yes, and you should. Duration, territory, the definition of “competing business,” and a carve-out for the work you already do are all negotiable, and an employer who wants you badly enough will move on them. It’s far easier to narrow a non-compete before signing than to fight it afterward.

Usually in stages: a notice letter to the ex-employee and their new employer, then a cease-and-desist demand, then a lawsuit seeking a temporary injunction and damages. The injunction hearing comes fast, often within weeks of filing, which is why preparation before the employee leaves matters.

Yes, and these are the easiest kind to uphold, because the seller was paid for the goodwill the covenant protects. Our article on non-competition agreements in business sale contracts covers how they should be drafted.

It can, under both the existing statute and the CHOICE Act. Our guide to independent contractor agreements with non-compete clauses explains what changes when the worker isn’t an employee.

A non-compete agreement review is a modest flat fee. Enforcement varies with whether a demand letter resolves it or an injunction hearing is needed, and many agreements shift fees to the losing party. We’ll walk through the likely range at your free consultation.

Talk to an Orlando Non-Compete Attorney

If someone is violating a non-compete with your company, the sooner we act the less it costs you. Call Legal Counsel, P.A. at 407-982-4321 or use our contact form to schedule your free consultation.

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