non-compete agreements

Employment and Business Team Obtains Temporary Injunction to Enforce Non-Compete Agreement

Led by Rob McNeely and Cameron Carstens, our Firm successfully obtained a temporary injunction in September 2024 enforcing an employment non-compete agreement on behalf of Florida Technical College in Orlando.

At issue was a nine-month, 50-mile non-compete provision signed, as a condition of employment, by a former senior level administrator at the College. Unfortunately, when that employee left the College, she accepted employment at a competing educational institution, in violation of the non-compete.

After a nearly two-hour hearing before a Circuit Court Judge in the Business Court division of the Ninth Judicial Circuit in Florida, the non-compete provision was upheld, and a temporary injunction was entered. The former employee was required to leave her competing employment immediately and to follow the requirements of the non-compete for the full nine months.  A copy of the Order can be found here: Order Granting Motion for Temporary Injunction.

Messer Caparello, P.A., can provide excellent services to your business in drafting and enforcing non-compete agreements, protecting confidential business information, trade secrets, intellectual property, and providing reasonable restrictions prohibiting former employees from unfairly competing against you. For more information, call us at 850-222-0720.

Home Health Care Referral Sources Can be Legitimate Business Interests Under Florida’s Non-Compete Statute

It has long been established that non-compete agreements are enforceable only when justified by a “legitimate business interest.” A recent decision of the Florida Supreme Court held that home health care referral sources can be a protected legitimate business interest for purposes of this requirement of Florida law.Continue Reading Home Health Care Referral Sources Can be Legitimate Business Interests Under Florida’s Non-Compete Statute