Palm Harbor, FL business litigation attorney Robert D. Eckard discusses how to attack non-compete agreements. He points out that when he evaluates a non-compete agreement in Florida, his analysis focuses on whether the agreement is valid and enforceable under state law. Several critical factors must be satisfied for the agreement to withstand legal scrutiny.

First, the agreement must be in writing and signed by the party against whom enforcement is sought; without a signed contract, it cannot be enforced. In addition, the agreement must protect a legitimate business interest. Florida statutes outline qualifying interests, but if the interest identified does not meet the statutory definition, the non-compete may be deemed invalid.

Equally important is the reasonableness of the agreement in terms of geographic scope, time duration, and the scope of restricted activities. These elements must be clearly defined and not overly broad. If the restrictions on location, duration, or activities extend beyond what is considered reasonable, the non-compete agreement may not be enforceable.