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.