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Non-Compete Agreements
Orlando Non-Compete
Agreement Attorney - Lawyer, providing experienced
Non-Compete Agreement, Labor Law, and Employment Law legal Services in Orlando, Orange County,
and the surrounding Central Florida area.
A
Non-Compete Agreement, also known as a
Restrictive Covenant is a document which is intended to protect a companies
interests and trade secrets in the event you choose to leave the company or your
employment with the company is terminated.
While Non-Compete Agreements do help protect a
companies interests and trade secrets, in most situations a Non-Compete
Agreement cannot restrict you from working in your chosen field of occupation.
Most Non-Compete Agreements will not stand up in court, as they put unrealistic
and unlawful restrictions on the employee.
Often times, an employee signs a non-compete
agreement at the point of being hired, without the assistance of a qualified
non-compete attorney or lawyer. When this happens, the terms of the non-compete
agreement are often written to heavily favor the employer. Fortunately, many of
these non-compete agreements do not stand up in court, due to the language and
stipulations which are identified in the document.
For instance, a pet groomer at a well known Pet
Store is required to sign a Non-compete agreement that if he or she quits or are
terminated, they are prohibited to work for any other pet grooming business for
3 years within 50 miles of the Pet Store where they worked. Since dog grooming
does not qualify for the protection of trade secrets, and the Non-Compete
Agreement would essentially force the individual to move to another city to
work, the Non-Compete Agreement would typically be considered void.
Steven M. Fahlgren
represents the rights and goals of those who must address
non-compete agreement,
labor law, and employment law legal issues in the
Orlando, Orange County,
and surrounding Central Florida areas. For a confidential legal
consultation, please call
904.845.2255.
The legal purpose of a valid
non-compete agreement is protect the employer from an
employee leaving the company and utilizing, selling, or
divulging company or trade secrets, and against the act of
hoarding or stealing clientele from the company.
Since most occupations do not
involve vital trade secrets, most Non-Compete Agreements
will not stand up in court and be voided. When the company
or employer is informed of why the law does not support
their claim or assertion that the Non-Compete Agreement is
enforceable, and that the Non-Compete Agreement lacks legal
standing, most employers will void the Non-Compete
Agreement. When the company or employer chooses not to void
the Non-Compete Agreement, we will aggressively pursue your
legal interests and rights in an effort to have the court
legally void the Non-Compete Agreement and seek damages when
possible.
If you have questions, concerns, or needs regarding
non-compete agreement,
labor law, and employment law
legal
issues, we urge you to seek the legal advice of an experienced
Orlando
non-compete agreement
attorney - lawyer. Contact
The Law Offices of
Steven M. Fahlgren, P.A.,
at
904.845.2255 to schedule a confidential legal
consultation.
When there is a valid
non-compete agreement, and the employee must dispute the
document, many times it is due to the employer breaching the
Stipulations and Language Non-Compete Agreement.
The most effective defense to
a valid non-compete agreement is that the employer
materially breached the contract between it and the former
employee prior to the employee's alleged breach, thereby
obviating any obligation on the part of the employee to
comply with same. Florida law holds that an employer's
material breach of an employment contract is a relevant
factor in determining whether an employer is entitled to a
temporary injunction enforcing a covenant not to compete.
A material breach of a
Non-Compete Agreement by an employer may be the failure to
deliver promises made in exchange for the employee signing
the Non-Compete Agreement, such as, bonuses, promotions,
training programs, mentoring programs, stock options,
401k's, medical and/or dental plans, or any other claim the
employer may have made to get you to join their company.
If
you require professional legal services regarding
non-compete agreement,
labor law, and employment law legal
issues, be proactive in
protecting your legal
rights by seeking the legal advice of
an experienced
Orlando non-compete agreement
attorney
- lawyer. Contact
The Law Offices of
Steven
M. Fahlgren, P.A.,
by calling
904.845.2255.
Orlando Non-Compete
Agreement Attorney - Lawyer, providing experienced
Non-Compete Agreement, Labor Law, and Employment Law legal Services in Orlando, Orange County,
and the surrounding Central Florida area.
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