Are you a Florida business owner? Are you protecting your business by ensuring your employees sign a noncompete and nondisclosure agreement? Do you suspect they are in violation of said agreements? Our experienced lawyers can help you by either drafting said agreements or determining if an employee is in violation of same.
What Is a Noncompete Agreement?
A legal contract between an employer and an employee that restricts the employee’s ability to compete with the employer’s business got a specified period of time within a specific geographic area after the termination of employment.
In Florida, noncompete agreements are governed by Section 542.335 of the Florida Statutes.
What Is a Nondisclosure Agreement?
A nondisclosure agreement (NDA) in Florida, also known as a confidentiality agreement, is a legal contract that establishes a confidential relationship between two or more parties and outline the terms and conditions regarding the protection of confidential information.
In Florida, NDAs are typically used to safeguard trade secrets, proprietary information, or any other sensitive or confidential information that a business or individually wishes to keep confidential, such as a client base.
As an employer, determining whether an employee is in violation of a noncompete agreement in Florida involves a careful examination of the specific terms of the agreement and the employee’s actions.
Things to consider:
- Review the Noncompete agreement – reviewing the noncompete agreement that the employee signed. Paying close attention to duration, geographical scope, and specific activities or industries restricted by the agreement.
- Gather evidence – collect evidence that supports your belief that the employee is in violation of the agreement. This may include documentation, emails, witness statements, or any other relevant information that might demonstrate the employee engaged in prohibited activities.
- Consult a lawyer – it is advisable to seek legal counsel from a lawyer to guide you through the process. Our team of knowledgeable Contract lawyers can help you access the enforceability of the agreement, analyze the evidence, and advise you on the appropriate course of action.
How Do I Know if Employee Is in Violation of Nondisclosure Agreement?
As an employer, determining whether an employee is in violation of a noncompete agreement (NDA) in Florida involves a careful examination of the specific terms of the agreement and the employee’s actions.
Things to Consider:
- Review the NDA – Carefully examine the terms and conditions of the NDA that the employee signed. Pay attention to the definition of confidential information, the scope of the agreement, the duration of the obligations, and any exceptions or limitations outlined in the agreement.
- Gather Evidence – Collect evidence that supports your belief that the employee has breached the NDA. This may include documents, emails, witness statements, or any other relevant information that indicates the unauthorized disclosure or use of confidential information.
- Evaluate the Breach – Compare the employee’s actions to the specific obligations outlined in the NDA. Determine if there has been a disclosure of confidential information to unauthorized parties or if the employee has used the confidential information in a manner inconsistent with the NDA.
- Consult a lawyer – It is advisable to seek legal counsel from an attorney experienced in employment law and contract dispute resolution. Here at RAK Law Firm PLLC, we have experienced lawyers who specialize in contract disputes. We can help assess the enforceability of the NDA, review evidence and provide guidance on the appropriate next steps.
For all your contracts questions and needs, please contact RAK Law Firm, PLLC online or at (407) 437-0319.
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