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Are Non Compete Agreements Enforceable In Florida

In Unisource Worldwide, Inc. v. S. Central Ala. Supply, LLC, 199 F. Supp. 2d 1194 (M.D. Ala. 2001), the Tribunal considered whether the application of a statutory provision (which provides for a florida law) with respect to a non-competition agreement was contrary to the fundamental policy of the State of Alabama. The court referred to the same two provisions that New York`s highest court would highlight years later – the provision that courts should not take into account the hardness of the worker and the provision against any contract construction rule that requires the court to interpret a narrowly restrictive alliance or against deposition.45 The court ultimately ruled that Florida`s law on agreements of contract non-competition was contrary to Alabama`s public order.

, the choice of the law does not exist and the Alabama law would be applied instead.46 For example, the court raised the question of whether the status of Florida`s non-compete clause was too restrictive. It then provided a full explanation or justification for « status to alleviate concerns about overly restrictive alliances » because its legal language « orders the courts to… Non-competitive agreements that « are not adequately necessary to protect the legitimate business interest, » which « are not adequately necessary to protect the legitimate commercial interest » and order the courts to « grant only the discharge necessary to protect those interests. » 56 The emphasis on the appropriate standard of status as control of overly restrictive alliances did not appear to be a fortuitous inclusion in the notice; Rather, it was a topic that needed to be discussed. While companies can and should protect themselves from the loss of legitimate business interests that could harm the business by applying non-compete agreements, consult a tampa lawyer before signing a restrictive contract of any kind. Such contracts are specifically provided for by Florida law, and employers get a large berth in what the agreement may say, but that doesn`t mean it`s still enforceable. Two main criticisms – While the provisions mentioned above are standard principles and provisions against the non-competition clause, which are generally not criticized and have been applied by other courts, some of the detailed provisions of the Florida non-competition clause that follow these standards have been found to be unbalanced and unduly favourable to employers.

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