Formidable Non-Compete Agreements Attorney Enforcing Contracts for St. Petersburg Clients
Many employers require their employees to sign non-compete agreements in order to protect their assets from competitors. However, many of these contracts are overreaching and contain some clauses that are simply unrealistic. For example, a non-compete should not bar you from working in your industry of choice should you choose to leave your current employer. If you feel you have been held to an impossible standard due to a non-compete or have run into other problems regarding an agreement, attorney Craig Berman can help you navigate the mess.
Reasonable vs. Unreasonable Terms
It is not uncommon for a non-compete agreement to vary from one employer to the next, but enforceability depends greatly on whether or not the terms are considered reasonable or unreasonable. If you feel you have signed an unreasonable contract, consider the following points:
- Length of time: Generally speaking, six months to two years is considered a reasonable amount of time to hold a former employee to the terms of their contract.
- Scope of services/activities/positions: Say you work as a receptionist for a real estate firm. If your non-compete bars you from being a receptionist at any other company for the next five years, this is not a reasonable term. If it specifies that you cannot be a receptionist for another real estate firm in the Tampa Bay area for six months, this might be enforceable.
- Geographic reach: As with the above example, location is a determining factor in a fair non-compete agreement. If your employer forbids you from working as a golf instructor worldwide for three years, this is not reasonable.
Defending Your Right to Work
If a former employer takes you to court for violating a non-compete agreement, do not automatically assume you acted in the wrong. Non-compete clause cases are notoriously discretionary and difficult to enforce. Unless you legitimately misappropriated trade secrets, solicited clients or colleagues, or gave a new employer an unfair advantage as a result of the knowledge gleaned at your old company, you are likely in the clear. Contact Craig Berman today if you are facing legal challenges related to a non-compete agreement.