Non Solicitation Agreement Florida

With respect to element (3) – a high probability of success on the merits – “Evidence that an enforceable contract, not in competition, has been breached, will assist a court`s decision on the likelihood of success on the merits.” Bunkelman, supra (quote omitted). The court was correct in considering the fraudulent inducement of the independent contractor to a positive defence. If there is evidence that the employer breached the agreement, the employer must show that it has a high probability of success in the merits of the defence. The other possible interest is the relationship with the customer. In most cases, the non-call agreement at issue prohibits interference in customer relations. In this regard, many complainants make a huge and very costly mistake in competition and non-candidate cases: they assume that all customer relations deserve to be protected. It`s not you. Florida Statutes 542.335 does not protect all customer relationships. Instead, the law only protects “essential” relationships with customers.

There was a lot of litigation in Florida about the exact meaning of substantial. Whether customer relations are essential aspects of market realities, including the quality of relationships, the degree of exclusivity, and the nature and extent of competition. Conclusion: simply because a non-invitation agreement prohibits the request of all customers does not mean that it is applicable. Any applicant who wishes to impose a non-appeal agreement should first assess the issue of important customer relations. Similarly, each person, seller in a business or rental company must evaluate the same issue before taking competitive action. A simple way to determine the applicability of such agreements is to complete a 3-S test. In particular, a Florida employer must ensure that the non-invitation agreement complies with Section 542.335 of florida`s status, by meeting the following three criteria: florida courts have adopted the “blue pencil” approach to enforcing non-compete agreements and will review or limit an excessive non-competition clause to make the agreement appropriate.