In each of these decisions, they referred to F.P. 542.335 (1) (g) (1). This paragraph of the non-competition clause states that „should not be taken into account the economic or other individualized difficulties that could be imposed on the person against whom the application is requested.“ As a result, the Brown-Brown court found that the status of Florida`s non-compete clause had an „almost exclusive focus on the employer`s interests“ in its prohibition of strict contractual conditions and its refusal to consider the injury suffered by the worker.36 As such, the New York Court of Appeals held that the application of the Florida law had a fundamental public order in New York and New York and , the choice of legislation that chose florida`s law was therefore unenforceable on that basis.37 In Brown- Brown, Inc. Johnson, 34 N.E.3d 357 (2015) the New York Court of Appeals called Florida`s non-compete status „truly repugnant.“ In 2001, an Alabama court ruled that Florida`s non-compete clause violated Alabama`s public order and that, in that case, Alabama law would apply instead of the Florida law. In 2008 in Illinois and in 2012 in Georgia, there were similar results: the status of Florida`s non-compete clause was used as a violation of public order and local law was enforced in the complaint. Some companies require all employees to sign a non-compete agreement. This is not a good idea, as it could affect the applicability of the company`s major non-competition agreements. The problem is that the courts of a number of states – New York, Illinois, Alabama and Georgia – have refused to impose the choice of law because employer bias is in the status of Florida`s non-compete clause. If you think your non-competition obligations are unfair, remember that employers need to develop agreements to meet each company`s legal requirements. Another argument related to the employer`s substantial violation is that the employment agreement is contrary to federal law, such as the Fair Labor Standards Act (FLSA). If the compensation for the position is not equal to FLSA, the employer may have seriously breached the contract. Clearly, it is easier to prove a substantial infringement where an employment contract exists, as opposed to a stand-alone non-competition contract.
For a non-compete agreement to limit an employee, he must be able to disrupt your business. In other words, an employee must become familiar with what you have identified as your legitimate business interests if you wish to marry them with a non-compete agreement.