Are you relying on a non-compete agreement to protect your Florida business, when a non-solicit might be the real solution? Many owners and entrepreneurs confuse these tools, risking contracts that won’t hold up in court—or worse, leaving their business exposed to poaching and competition.
Florida law draws a sharp line between non-compete and non-solicit agreements. A non-compete restricts a former employee from working for a competitor, while a non-solicit only prevents them from soliciting your clients or staff. Under Fla. Stat. § 542.335, courts demand that these agreements be reasonable in scope, duration, and geographic area. Overly broad or vague restrictions are routinely struck down, and the burden is on the business to prove necessity and fairness.
The most common mistake? Using a non-compete when a non-solicit is all you need—or vice versa. This can lead to unenforceable contracts, expensive litigation, and lost business opportunities. Florida courts will not hesitate to invalidate agreements that overreach or fail to specify clear terms. To protect your business, review your contracts regularly, tailor restrictions to your actual needs, and act quickly if you suspect a breach. Deadlines for enforcement can be tight, and evidence must be preserved. When in doubt, consult a Florida business attorney who understands the nuances of restrictive covenants and can help you avoid costly errors.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
