Miami Non Solicitation Agreement Lawyer

When does one need a Miami non-solicitation attorney? Many companies require their employees to sign a variety of employment contracts, such as non-disclosure agreements (NDAs), non-compete agreements, and/or non-solicitation agreements. An employer can benefit from the assistance of an experienced attorney who can verify the enforceability of such contracts. An employee can also consult a non-solicitation agreement attorney to determine whether a contract is enforceable.

What Is a Non-Solicitation Agreement?

A company may require an employee, partner, or independent contractor to sign a non-solicitation agreement, keeping them from soliciting clients, contractors, and employees to benefit themselves or any third party, including a competitor, during and after the party’s employment or business relationship with the company ends. Florida Statute § 542.335 sets out the limitations and requirements of a valid and legally enforceable non-solicitation agreement.

A business must have a reasonable justification for restraining the employee from harming the company’s legitimate business interests—such as, but not limited to, protecting trade secrets, customer relationships, and customer contact information—for a non-solicitation agreement to be legally enforceable.

When an employee opposes the enforcement of a non-solicitation agreement, the employee must establish that the restraints in the contract are too long, too broad, or too vague. If the restrictions in time and geographic area are unreasonable, a Florida court can use its discretion to modify them. This revision by the court is known as “blue-penciling.”

To have an enforceable agreement, an employer must ensure the non-solicitation agreement is in writing and signed by the employee. It is not necessary for a non-solicitation agreement to be notarized.

Why You Need a Miami Non-Solicitation Agreement Attorney

Non-solicitation agreements are legal contracts. Unfortunately, many people sign them without reading the fine print or wholly understanding the terms.

Oftentimes, an employer will not write the non-solicitation document; instead, they will work with a Miami non-solicitation attorney to draft one. The company’s attorney will cover all aspects that favor the company, which is why an employee should consult the employee’s own employment agreements lawyer before signing such a document.

Employment law attorneys understand the legal terminology and the implications, so these lawyers have the expertise to advise you when the agreement is unreasonable or unenforceable. If you are an employee, an attorney can negotiate on your behalf for better terms in the contract and notice any loopholes that might benefit you or hurt you if you decide to leave the company.

Understanding the Enforceability of a Non-Solicitation Agreement

Non-solicitation agreements are generally enforceable in Miami as long as they are deemed reasonable by a court of law. In Florida, employment is “at-will,” which means an employer can fire an employee at any time and for whatever reason, as long as it’s a legal one. Illegal reasons include discrimination (based on sex, race, religion, or other protected classes) or retaliation against whistleblowers.

The requirements for a non-solicitation agreement’s enforceability include:

  • The contract must be in writing and must be signed by the employee.
  • The employer must have legitimate business interests they seek to protect, such as trade secrets and client lists, and they must be clearly stated in the agreement.
  • The employer must set a reasonable duration for the agreement.
  • The employer must specify a reasonable geographic area in which the restrictions of the agreement apply.

An example of conduct that could amount to a violation of a non-solicitation agreement is if a former employee actively seeks out their former colleagues, enticing them to leave the company and join the former employee in a new business venture. This is applicable whether the former employee has begun working for a new company or if the former employee has established their own business.

What Happens if You Violate a Non-Solicitation Agreement?

If you were previously employed by a company that bound you with a non-solicitation agreement, you need a lawyer to help you understand the terms. Violating a valid non-solicitation agreement may result in your former employer filing a lawsuit against you and/or your new employer or business. The suit might seek financial compensation for losses and damages, or seek an injunction against you or your new employer or business that compels you and/or the new employer or business to honor the terms of the agreement, or both.

The court might also issue a restraining order, forbidding you from contacting your former employer’s staff or clients.

How Can a Miami Non-Solicitation Agreement Attorney Help?

You will need a non-solicitation agreement lawyer’s experience in various instances, including:

  • Employee: If you leave a company and your former employer accuses you of violating the agreement terms
  • Former Employer: You determine that after leaving your company, your former employee violated the terms of a signed non-solicitation agreement
  • New Employer: Your new employee’s previous employer files a lawsuit against the employee for violating the terms of the agreement, and you want to help defend your employee

Non-solicitation agreements are legal and binding contracts, and it’s difficult for a layperson to know whether they are enforceable or not. If your employer threatens you with a lawsuit after leaving the company because you violated the contract terms, a non-solicitation agreement attorney can help with your defense.

If your employer is open to negotiation, your attorney can attempt to come to a favorable compromise. If this proves impossible, your Miami non-solicitation attorney will defend you in court and inform you of your obligations under Florida’s employment laws.

If your former employer sues you for solicitation in violation of your agreement, you must engage a lawyer as soon as possible. For defense against a non-solicitation lawsuit, contact a Miami non-solicitation attorney today.

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Our Process
1.
Investigate

As a first step, your assigned legal team will gather and review records related to your claim, including any employment contract or offer letter, time sheets, any relevant communications, and any disciplinary actions, including performance improvement plans or termination paperwork.

These documents will help your attorneys evaluate your claims and develop a strategy to obtain the best results for your situation.

2.
Formulate

Once your legal team completes the initial investigation, they will work with you to determine the best legal strategy for your situation. Your legal team will make recommendations and will work with you to formulate the most effective approach to obtain your desired outcome.

3.
Advocate

After you and your legal team formulate the strategy, your legal team will advocate on your behalf to obtain your desired outcome. This could include negotiating a separation package, engaging in pre-suit negotiations, sending a demand letter, and/or filing a charge of discrimination or lawsuit on your behalf.

The attorneys at BT Law are experienced trial lawyers and will advocate for your rights in the courtroom as necessary.

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Jason and Anisley are one of the best decisions someone can make given the situation. They are knowledgeable, transparent, proactive and communicate with their clients. I have dealt with other attorneys in the past and I’m always frustrated because you don’t get information or you have to chase the attorney and staff down that’s not the case with them.

In finding the right lawyers to represent you, you want to have mutual respect and understanding for each other and clear communication to achieve your goals. BT Law Group is just that. They not only represented me to their fullest abilities, but went above and beyond to truly understand my goals and priorities and provide sound legal advice to achieve such. It was a pleasure working with both Anisley and Jason, I’d highly recommend them.

We very much enjoyed BT Law Group’s founding partner, Anisley Tarragona service and attention to detail. From the onset her approach was practical and conscious of providing the best legal advice while being mindful of suggesting cost effective, conservative solutions. We find her to be a great business partner to service all our employment related legal needs.

I received a prompt and very professional service by the BT Law Group. Ms Tarragona provides tailored advice in the best interest of the client. She was meticulous and explained the pros and cons of my case in very simple terms which allowed me to consider and take the best decision. Very happy with the service. Highly recommended.

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Trusted advisors
Jason D. Berkowitz is a Founding Partner of BT Law Group, PLLC. Prior to starting BT Law, Mr. Berkowitz was a Partner in the Miami office of a national labor and employment law firm where he represented management exclusively.
Anisley Tarragona is a founding partner of BT Law Group, PLLC. Prior to starting BT Law, Ms. Tarragona worked in the Miami office of a national labor and employment law firm where she represented management exclusively. Ms. Tarragona, who was born and raised in Cuba, is fluent in Spanish.
Frequently Asked Questions
Can an employer require a non-solicitation agreement in Florida?

Florida is a state that has historically supported employer rights in non-solicitation and non-compete agreements, whereas these types of agreements are illegal in some other states. Nonetheless, a non-solicitation agreement must have a valid business purpose and reasonable terms for a court to enforce it in Florida.

While your employer cannot force you to sign a non-solicitation agreement, they can refuse an offer of employment or terminate your employment if you refuse to sign.

What happens if you violate a non-solicitation agreement?

Your employer can sue you for a substantial amount of money, request an injunction, and ask for a restraining order prohibiting you from contacting staff and clients.

How long does a non-solicitation agreement last?

Florida Statute § 542.335 outlines reasonable and unreasonable time restrictions with regard to non-compete and non-solicitation agreements. Historically, Florida courts have found that non-solicitation agreements up to two years in length could be enforceable under this law. However, a Florida court may deem the non-solicitation agreement too burdensome and shorten it to a more reasonable period or require more reasonable restrictions.