At Payton & Associates, serving our clients is a top priority. We are working remotely to service our clients’ needs without interruption. We can be reached by phone, video, and email through our contact tab. Our thoughts are with everyone impacted by the COVID-19 pandemic. We hope that everyone takes precautions and stays safe and healthy.

Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

A former employee's actions may be breach of contract

Over the course of several years, Florida business owners often build strong relationships with their employees, vendors and other contacts. No matter how strong these relationships may be, however, they can quickly deteriorate when disputes arise and people part ways.

In these situations, an important consideration at stake is whether there exists any agreement imposing a restraint of trade. As discussed recently in this blog, restrictive covenants can be contained in certain agreements so long as they are supported by a legitimate business interest.

Under Florida law, certain restrictive covenants of different periods of time are presumed to be reasonable. For instance, an employer's restrictive covenant of six months or less in duration is presumed to be reasonable, while a restraint of trade of two years or more is presumed to be unreasonable. These presumptions can be overcome by other evidence in certain cases, but they can go a long way toward establishing a violation of non-competition agreements.

A violation of these agreements can be highly damaging to the business. Trade secret information, confidential information or other information may be at stake, which can cost the business hundreds of thousands of dollars if placed in the wrong hands. Accordingly, it is vital that businesses understand when and how they can enforce their agreements and what damages may be available.

Our firm has helped numerous clients enforce restrictive covenants and non-competition agreements. We examine the language of the agreement at issue to determine whether it may be enforced under Florida law. We then work closely with our clients to understand the facts at issue and whether a former employee, distributor or other party is in violation of these agreements. For more information on our firm's services, please visit our business torts webpage.

No Comments

Leave a comment
Comment Information
Super lawyers | Harry A. Payton The Florida Board Certified | Business Litigation The Florida Board Certified | Civil Trail AV | Preeminent | Peer  Rated for Highest Level of Professional Excellence | 2020 Best Lawyers | 2018 Global Member Firm INBLF
Email Us For A Response

Contact The Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

2 S. Biscayne Blvd., Suite 2300
Miami, FL 33131

Phone: 786-574-4943
Map & Directions