Donna M. Ballman, P.A. Employment Law Attorney
Fort Lauderdale, Florida
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Non-Compete Employment Agreements

Fort Lauderdale, Florida Non-Compete Agreements Attorney

Representing and Advising Florida Executives, Managers, Employees, and Employers

The law office of attorneys Donna M. Ballman, P.A. represents executives, managers, employees, and businesses in drafting and litigating non-compete contracts. While Florida courts have enforced non-compete contracts, enforceability is a function of reasonableness and applicability. Non-competes that impose an undue burden on employees in earning a living or over-reach their geographical boundaries are typically not reasonable and therefore not enforceable. As your lawyers, Donna M. Ballman, P.A. reviews the terms of a non-compete, identifying clauses and conditions that are not enforceable or in the interests of our clients.

Non-Compete Agreement Development and Enforcement

We advise clients regarding relevant statutes governing non-compete agreements, using case law precedent to help our individual and business clients in cities like Miami, Fort Lauderdale, and West Palm Beach. For additional information regarding non-compete agreements, contact south Florida lawyer, Donna M. Ballman, P.A., today to discuss your needs.

Employer Obligations in a Non-Compete Agreement

In our work with non-compete agreements, we advise executives, managers, employees, and employers of their obligations under Florida employment law if they wish to overcome a Florida non-compete contract. We advise them that employers must abide by the specific requirements of the contract in order to enforce it.

Employer obligations under non-compete agreements that must be fulfilled include things such as paying all benefits at the level specified, and always amending language in a way stipulated by the contract. If requirements such as these are not fulfilled, the employer may not be able to enforce the contract. Our attorneys can provide advice on overcoming a non-compete contract that is not enforceable.

Enforcing a Non-Compete Contract

Many employers make assumptions about non-compete agreements when they try to enforce them. After meeting their obligations under a contract's terms and conditions, employers must demonstrate a legitimate business reason to institute enforcement proceedings. As your attorneys, Donna M. Ballman, P.A., advises individual and business clients about these business-related requirements.

The state of Florida defines legitimate business interests for which a non-compete agreement can be enforced as the following:

  • Protecting Trade Secrets
  • Maintaining valuable confidential business or professional information
  • Preserving relationships with specific prospective or existing customers, patients, or clients
  • Defending goodwill associated with an ongoing business or professional practice, by way of a trademark, geographic location, or marketing/trade area
  • Maximizing Investment In Extraordinary Or Specialized Training

Your Rights and Obligations under a Non-Compete Agreement

If you are an employer seeking more information about developing enforceable Florida non-compete agreements, read Donna Ballman's article about mistakes employers make in developing non-compete agreements.

If you are an executive, manager, or employee seeking more information about overcoming, defeating, or defending against Florida non-compete agreements, read Donna Ballman's article about how to overcome non-compete agreements.

Other Non-compete Issues to Consider

At our Florida law firm, we advise our business clients to consider other issues related to enforcing non-compete contracts. These can include things such as the age of the contract, whether or not the information held by the employee is actually readily available elsewhere, or whether the public interest would be served by enforcing a non-compete agreement. We help our clients understand and navigate these issues. To speak with a skilled non-compete contract lawyer about defeating, developing or enforcing non-compete agreements for your business, contact Donna M. Ballman, P.A. for an appointment.

Donna Ballman was recently interviewed on the Forbes' "America's Most Influential Women" radio program. You can listen to the program by clicking on the SKY RADIO button.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Copyright © 2008 by Donna M. Ballman, P.A. Employment Law Attorney. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.