Employers often request that employees sign non-compete agreements as a condition for hire. Confidentiality and non-disclosure agreements are similar agreements and they are often simply clauses incorporated into employment contracts. When such agreements comply with Florida and Tampa employment law, courts uphold them and employees are liable for contract breaches.
The reason for such agreements is generally to protect company’s interests and help them gain a competitive edge in the market by safeguarding company trade secrets. As defined under the Uniform Trade Secrets Act (UTSA), a trade secret is “information (including a formula, pattern, compilation, program, device, method, technique or process)” that does the following:
- “Drives independent economic value, actual or potential, from not being generally known to or readily ascertainable through appropriate means by other persons who might obtain economic value from its disclosure
- And is the subject of efforts that are reasonable under the circumstances to maintain its secrecy”
Typically, non-compete agreements cannot restrict employees from competing in the same field for more than a year. Courts try to maintain a fair and reasonable balance between protecting a company’s trade secret and preventing workers with specific skills from practicing their trades.
If you are an employer needing a non-compete agreement or employment agreement drafted or are an employee questioning your rights under the agreement, a Tampa employment law attorney can help.
Westchase Law, P.A. offers clients effective services for employment contracts and also handles wrongful termination and Fair Labor Standard Act (FSLA) disputes over wages and related issues.