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Non-Compete Violations Lawyers in Orlando, Florida
Non-Compete violations are common in two scenarios; one involving a former employee and another involving the sale of a business. A non-compete agreement is often required for executives in your company, or technical experts who may otherwise work for the competition. If a former employee or current employee has violated the terms of a non-compete agreement, you may be wondering what your rights and options are. Non-compete agreements are designed to prevent your former employees from working for your competitors, prevent them from starting their own business based on knowledge they may have gained because of working for your company, and or prevent them from soliciting your clients. A non-compete clause can also protect your trade secrets and business processes if properly formulated. If a former employee has violated a non-compete agreement, you may have the right to fight a non-compete violation in court and may even have the right to seek damages and an or an injunction. Legal Counsel, P.A. has a non-compete violations lawyer in Orlando, Florida who can work with you to help you protect your business. Additionally, we can protect your patents and trade secrets by drawing up non-compete agreements to ensure that your relationship with your employees is protected. If you’re the proud owner of a business in Orlando, Florida you don’t want to leave your hard work unprotected. Legal contracts drafted and enforced by an experienced, dedicated business attorney can protect your company from the actions of third parties, former employees, and competitors.
The second scenario involves the sale of a business. Almost always, when a business is sold (either by an asset sale or a stock/membership interest sale) there is a non-competition, non-solicitation provision in the contract which prohibits a former owner from selling his/her business and then opening up a competing business shortly thereafter. This type of non-compete is protected under Florida law if it is carefully drafted and comports with Florida law. If you are purchasing a business in Florida, the non-competition, non-solicitation provision in your contract is one of the most important provisions in your contract as you don’t want to purchase a business without it. Get informed. Knowledge is power. At Legal Counsel, P.A., an attorney will take the time to address your concerns and specific circumstances. We will create enforceable contracts that will protect your business should a breach occur. Have questions? We have answers. Call Legal Counsel, P.A. today at 407-982-4321.
Limits of Non-Compete Agreements
To be enforceable, a non-compete agreement must be very specific in time, place, manner, and purpose. Your agreement must specify the location where the agreement is enforceable and it must also specify a length of time under which it will be in effect. Your non-compete agreement should also be specific about the business interests you would like to protect. For example, are you interested in protecting your trade secrets or your client lists? If the agreement doesn’t include these specific clauses, or if the agreement is too broad, you may have difficulty enforcing a non-compete violation in court. If a former employee has violated a specifically formulated non-compete agreement and you believe this former worker has caused damage to your business, you may be able to enforce a non-compete violation in court.
In some cases, if an employee violates a non-compete agreement by going to work for a competitor, sending the new employer a copy of the non-compete agreement might be sufficient to protect your interests. In other cases, simply sending the employee a cease and desist order will be sufficient to stop a former worker from competing. If an employee chooses to open his or her own business, or enters another partnership, you may need to pursue litigation to enforce a non-compete violation.
Non-Compete agreements involving the sale of businesses are protected under Florida law; however, they need to comport with Florida law as well. They are somewhat easier to enforce then employee non-compete agreements in scope as the individual competing has received sale proceeds for promising not to compete against the purchaser and or the business purchased. Legal Counsel, P.A. has a non-compete agreement lawyer in Orlando, Florida who may be able to help you fight non-compete violations either through litigation or outside the scope of litigation. If your business has suffered damages through the violation of a non-compete agreement, you may have the right to pursue litigation. Contact our firm today to learn more. Have questions? We have answers. Contract Legal Counsel, P.A. today at 407-982-4321.
Protect Your Business Interests
A sound non-compete contract can protect your business interests and rights. However, there are many aspects of this agreement that must be properly formulated for the agreement to be enforceable in court. Legal Counsel, P.A. has a non-compete agreement violations lawyers who can review your contracts to protect your rights and interests. If you believe a former employee’s violation of a non-compete agreement resulted in damages or losses to your business or a prior owner is now competing with the business you purchased, you may have the right to seek damages and or an injunction. Contact Legal Counsel, P.A. and an Orlando, Florida non-compete agreement violations lawyer who may be able to help you. Have questions? We have answers. Contract Legal Counsel, P.A. today at 407-982-4321.