In his analysis of public policy, Brown-Brown acknowledged that the laws in Florida and New York were similar, that restrictive agreements should be considered temporary, extensive and geographically, and that they should be linked to a legitimate commercial purpose. One of these was Florida`s express prohibition against considering the severity that the application of the non-compete agreement would impose on the former employee.32 This was contrary to the New York law, which requires a court to ascertain whether the non-competition agreement imposes inappropriate hardship on the worker.33 A second provision which, in Brown-Brown, has not been equated with the New York law , was Florida`s competition law provision that requires the worker to be subjected to inappropriate hardship. that the courts use restrictive agreements in favour of the employer and do not enforce them. 34 The Tribunal held that New York`s non-compete clauses were strictly based on public policy in order not to sanction the loss of a person`s livelihood.35 The fact that the Florida Supreme Court recently invoked the proportionality requirements of the non-compete clause is important because it came after other Florida courts criticized the competition ban. For example, in 2015, the New York Court of Appeals ruled that Florida`s non-compete clause was not applicable because it was directed against New York`s public order.6 As discussed later, the New York Court ruled that the exception was reserved for public order from “really repugnant” laws. 7 As has been said, federal and other state courts outside Florida have interpreted the law narrowly to justify non-compliance with non-competition prohibitions, or as the New York Court of Appeals directly refused to comply with the statute on public policy grounds. Are you an employer? Learn more about what you need to know about what to keep in mind when creating and implementing employer competition contracts in Florida. If your former employee has breached a non-compete agreement, you may have several possible remedies. Second, if you have identified legitimate business interests, you identify employees who have access to that information in your corporate structure. These key workers, and only these key workers, should be subject to non-competition bans. As I said, non-compete bans differ from state to state and Florida has a very employer-friendly uncompetitive status. Other states, such as California, are at the other end of the spectrum and do not allow non-compete agreements at all, with the exception of business sales.


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