Non-Compete and Restrictive Covenant Dispute Attorneys
Enforcing and defending restrictive covenants and protecting confidential information for Florida businesses.
Under section 542.335, Florida Statutes, a contract that restricts competition is enforceable if it is reasonable in time, area, and line of business. A court will not enforce it unless it is set out in a writing signed by the person against whom enforcement is sought, and the person seeking enforcement must plead and prove a legitimate business interest and that the restraint is reasonably necessary to protect it. Under the Florida Uniform Trade Secrets Act, actual or threatened misappropriation of a trade secret can be enjoined under section 688.003 whether or not a covenant was signed.
A key employee leaves with the customer list. A partner starts a competing company across the street. A vendor uses what it learned under a confidentiality agreement to bid against you. Florida law gives businesses tools for each of these, and it gives the departing employee or partner defenses. Industria Business Lawyers represents both sides: the business enforcing a covenant or protecting a trade secret, and the individual or company accused of breaching one. A consultation is free.
Non-Compete and Trade Secret Matters We Handle
Two Florida statutes govern most matters in this area, and most matters involve both. Since 2025, a third, the Florida CHOICE Act (sections 542.41 to 542.45, Florida Statutes), governs covered noncompete and garden leave agreements with employees and contractors earning more than twice the annual mean wage of the relevant county; for a covered noncompete agreement, a court must preliminarily enjoin the covered employee on the employer’s application, subject to the statute’s conditions.
Enforcing a Non-Compete
Under section 542.335, Florida Statutes, a contract that restricts competition is enforceable if it is reasonable in time, area, and line of business. A court will not enforce a restrictive covenant unless it is set out in a writing signed by the person against whom enforcement is sought, and the person seeking enforcement must plead and prove a legitimate business interest justifying the restriction and that the restraint is reasonably necessary to protect that interest.
Defending Against a Non-Compete
The same statute is the defense. A covenant that is not in a signed writing, that is broader than any legitimate business interest justifies, or that is unreasonable in time, area, or line of business is not enforced as written. Industria Business Lawyers represents employees, former partners, and the companies that hire them.
Non-Solicitation and Confidentiality Agreements
Restrictions on soliciting customers or employees and on using confidential information, which are enforced under section 542.335 when they restrict or prohibit competition.
Trade Secret Misappropriation
Under section 688.002, Florida Statutes, misappropriation includes acquiring a trade secret by improper means, such as theft, misrepresentation, or breach of a duty to maintain secrecy, and disclosing or using a trade secret without consent by a person who knew or had reason to know it was acquired improperly or under a duty of confidence.
Injunctions
Under section 688.003, actual or threatened misappropriation may be enjoined, and an injunction may continue for a reasonable period after the trade secret ceases to exist to eliminate the commercial advantage gained. Restrictive covenants are likewise enforced by injunction, and the first weeks of a case are spent obtaining or defeating one.
Damages and Unjust Enrichment
Under section 688.004, a complainant may recover damages for misappropriation, including both the actual loss caused and the unjust enrichment not taken into account in computing actual loss.
What the Statutes Require, and the Deadlines
These cases are decided on the writing, the business interest, and the timing of the response.
The covenant must be in a signed writing. Section 542.335 is explicit: no signed writing, no enforcement. The first document requested is the agreement the departing person actually signed, with every amendment and any later agreement that may have replaced it.
The enforcing party must prove a legitimate business interest. Trade secrets, confidential business information, substantial customer relationships, and customer goodwill are among the interests the statute lists. A covenant that protects nothing the statute recognizes is not enforced.
Reasonable in time, area, and line of business. The statute measures reasonableness against the interest being protected. Under section 542.335(1)(c), a court that finds a restraint overbroad, overlong, or otherwise not reasonably necessary must modify it and grant only the relief reasonably necessary, and the argument over what is reasonable is often the whole case.
Trade secrets must have been protected. Information that was not kept secret is not a trade secret. Access controls, confidentiality agreements, and marking are the evidence.
The deadlines. Under section 688.007, Florida Statutes, an action for misappropriation must be brought within three years after the misappropriation is discovered or by reasonable diligence should have been discovered. A claim on the written covenant carries five years under section 95.11(2)(b). Injunctions are decided on a much shorter timeline, and delay in acting on a departure can weigh against one.
The forum. Many agreements select a court or require arbitration. Where they do not, the case is heard in circuit court under section 26.012 when the amount in controversy exceeds $50,000, and injunctions are sought there.
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How We Work a Non-Compete or Trade Secret Matter
The signed covenant with every amendment, the business interest it protects, and the evidence that the interest is real and was protected.
Preservation demands to the departing person and the new employer; forensic review of devices, email, and cloud accounts for what was taken and when.
Whether the covenant meets section 542.335, whether the information is a trade secret under section 688.002, the forum, the deadline, and the remedy that fits: injunction, damages, or a negotiated standstill.
A demand to the individual and the new employer that sets out the covenant and the evidence, which can lead to a negotiated agreement without litigation.
A motion for a temporary injunction supported by the evidence assembled in the first days, or, on the defense side, the opposition that holds the enforcing party to the statute.
Forensic evidence, customer records, and depositions; court-ordered mediation with the evidence in hand.
Permanent injunction, damages under section 688.004, or judgment on the covenant, and fees where the agreement or statute provides for them.
FAQ
01 • Businesses and Individuals Is my non-compete enforceable?
It depends on whether it is in a writing you signed, whether it protects a legitimate business interest the statute recognizes, whether the restraint is reasonably necessary to protect that interest, and whether it is reasonable in time, area, and line of business under section 542.335. Each is a fact question answered from the document and the business. For employees and contractors earning more than twice the annual mean wage of the relevant county, the CHOICE Act, sections 542.41 to 542.45, may apply instead, with its own requirements.
02 • Businesses and Individuals I never signed anything. Can my former employer stop me competing?
Not under a restrictive covenant; section 542.335 requires a signed writing. Trade secret law is different: actual or threatened misappropriation of a trade secret can be enjoined under section 688.003 whether or not a covenant was signed.
03 • Businesses and Individuals When should a business act after an employee leaves with data?
Preservation and forensic review come first, followed by a demand or an injunction motion. Delay can weigh against an injunction.
04 • Businesses and Individuals How long is there to bring a claim?
Under section 688.007, an action for trade secret misappropriation must be brought within three years after the misappropriation is discovered or by reasonable diligence should have been discovered. A claim on the written covenant carries five years under section 95.11(2)(b).
05 • Businesses and Individuals What should I bring to the first call?
The signed agreement and every amendment, the departing person’s role and access, what you believe was taken and how you know, the customers or employees affected, and the date you learned of it.
Businesses and individuals in Florida. Call (202) 860-1210 or send a short description of what happened through the form, without confidential details; we will ask for the agreement after we check for conflicts. Free consultation. Every matter is reviewed on its own facts against the statute text in force.
This page provides general information about restrictive covenants and trade secrets in Florida and does not constitute legal advice. Reading it does not create an attorney-client relationship with Industria Business Lawyers. Whether a covenant is enforceable or information is protected depends on the facts and the law in force. Florida statutes cited: sections 26.012, 95.11, 542.335, 542.41 to 542.45, 688.002, 688.003, 688.004, and 688.007, Florida Statutes (2026).