Breach of Employee Agreement
At the law office of Grazi & Gianino, our employment lawyer (business lawyer) knows the intricate matters of non-disclosure, non-compete, and non-solicitation agreements. We have handled many such cases under a wide variety of topics. The legal purpose of a valid non-compete and/or non-disclosure agreement is protect the employer from an employee leaving the company and utilizing, selling, or divulging company or trade secrets, and against the act of hoarding or stealing clientele from the company.
Since most occupations do not involve vital trade secrets, most Non-Compete Agreements will not stand up in court and be voided. When the company or employer is informed of why the law does not support their claim or assertion that the Non-Compete Agreement is enforceable, and that the Non-Compete Agreement lacks legal standing, most employers will void the Non-Compete Agreement. When the company or employer chooses not to void the Non-Compete Agreement, we will aggressively pursue your legal interests and rights in an effort to have the court legally void the Non-Compete Agreement and seek damages when possible.
The most effective defense to a valid non-compete agreement is that the employer materially breached the contract between it and the former employee prior to the employee’s alleged breach, thereby obviating any obligation on the part of the employee to comply with same. Florida law holds that an employer’s material breach of an employment contract is a relevant factor in determining whether an employer is entitled to a temporary injunction enforcing a covenant not to compete.
In Florida, employees can be restricted by Florida non-solicitation agreements. These agreements often prohibit hiring current employees as well as the solicitation of current clients for work that is being offered by the employer. In addition, trying to hire current employees can be a violation of the employees duty of good faith.
Grazi & Gianino represents employers and employees in actions regarding the non-solicitation and employee raiding provisions. If you are an employee and want to have your employment agreement reviewed please contact us for the cost of a Employment agreement review.
If you or your company is in need of legal advice and/or representation for a breach of agreement matter in Stuart, FL or Martin County, Fort Pierce and Port St. Lucie or St. Lucie County, Vero Beach or Indian River County, Okeechobee or Okeechobee County, West Palm Beach or Palm Beach County, or surrounding areas, please call the Stuart, Florida employment attorney (business attorney) of Grazi & Gianino now at (772) 286-0200.