Your business can and should protect itself from the loss of legitimate business interests that could harm the business by applying competition agreements. Such agreements are specifically provided for by Florida law, and employers get a fairly broad berth in what the agreement can say. Restrictive alliances are a legitimate and effective tool to protect your business and the livelihoods of your employees. Your agreement must be carefully crafted to meet the legal requirements as well as your specific professional requirements. The strength of a non-competition clause depends in some way on an employer`s ability and willingness to impose it. It takes time and money to impose a culture of competition. In addition, consistency in employer enforcement is essential to ensure that agreements maintain their applicability. Despite these criticisms, the Florida Supreme Court of White has expressed its obligation to draw on legislative intent and the clear language of status.8 to apply the status to certain factual situations9 and that the status “grants review” has a broad enough discretion to arrange the appropriate remedy according to the context.” 10 Similarly, in 2008, an Illinois appeals court refused to impose a choice award that requires the application of Florida law. In this case, Brown and Brown, Inc. Mudron, 379, 887 N.E.2d 437 (2008), questioned whether the application of Florida`s non-compete status was contrary to Illinois` public policy.
The court held that, under Illinois law, “a court must take into account the harshness that the Federal Government imposes on the individual employee.” 47 Nevertheless, the Florida Non-Competition Clause Act expressly prohibits consideration of the injury suffered by the worker. Accordingly, the Tribunal found that Florida`s Non-Compete Agreements Act was contrary to Illinois` public policy and would not be enforced.48 A non-compete agreement is not intended to thwart competition, but to preserve the company`s competitive advantage. An applicable non-compete clause protects a company`s investments in its employees and removes important information from the hands of its competitors.