Florida`s statute § 542.335 requires that a non-compete agreement in effect be in time, viability, and industry; in writing and signed by the worker; justified by a legitimate commercial interest. The statute even contains some examples of what constitutes a legitimate business interest: as I said above, competition prohibitions differ from state to state and Florida has a non-compete clause that is very favorable to employers. Other states, such as California, are at the other end of the spectrum and do not allow any non-compete clauses at all, except for commercial sales. Mudron, 379, 887 N.E.2d 437 (2008), addressed whether the application of Florida`s non-compete clause was contrary to Illinois public policy. The court ruled that, under Illinois law, “a court must consider the harshness that the Confederacy imposes on each employee.” 47 However, Florida`s non-competition clause expressly prohibited the taking into account of the damage suffered by the worker. As a result, the court concluded that Florida`s non-compete clause was contrary to Illinois` public policy and was not enforced.48 As a result, New York`s highest court, brown and Brown, finally considered whether Florida`s non-compete clause was applicable in New York courts.
Florida Non Compete Agreement Law
