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Are non-competes legal?

Non-compete agreements are legal and enforceable under Florida statute in the state of Florida. However, to be enforceable they must be in writing and they must be signed. The enforcement of a non-compete agreement is dependent upon whether the restrictions to prevent someone from competing are reasonable with respect to the geographic area of the restriction, the type of competition it is preventing, and whether the contract is being used to protect an actual legitimate business interest. That is, not simply being used to keep the employee from leaving. Sometimes it’s used as a sword rather than the shield. It is legal and it is enforceable, but there are defenses.

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