Non-compete agreements are among the most frequently litigated employment contracts in Florida — and for good reason. For employees, a poorly understood or overly broad non-compete can severely limit career options and earning potential long after leaving a job. For employers, a well-drafted non-compete is an essential tool for protecting legitimate business interests, confidential information, and customer relationships from unfair competition by former employees.
Whether you are an employee who has been presented with a non-compete agreement, is facing enforcement of one, or needs experienced counsel to navigate Florida’s complex and rapidly evolving non-compete landscape, having a board certified employment attorney in your corner is critical. Phillips Law Firm has been advising and representing both employees and employers in non-compete matters throughout Southwest Florida for 30 years — bringing an understanding of both perspectives to every case.
Darrin M. Phillips is one of a small number of Florida Bar Board Certified specialists in Labor and Employment Law in Southwest Florida — and one of the few attorneys in this region whom the Florida Bar authorizes to identify himself as an expert in this field.
Non-Compete Agreements in Florida — The Legal Framework
Florida law governing non-compete agreements is found in Florida’s Restraint of Trade statute, Section 542.335, Florida Statutes. Florida is one of the most employer-friendly states in the country when it comes to non-compete enforcement — courts are required to enforce reasonable restrictive covenants and are prohibited from refusing to enforce them simply because they are overbroad. Instead, Florida courts are required to modify overbroad agreements to make them enforceable rather than striking them down entirely.
What Makes a Non-Compete Agreement Enforceable?
Legitimate Business Interest Florida law requires that a non-compete agreement protect a legitimate business interest. Courts have recognized the following as legitimate business interests:
- Trade secrets and confidential business information
- Substantial relationships with specific prospective or existing customers
- Customer goodwill associated with a specific geographic location or marketing area
- Extraordinary or specialized training provided to the employee
Without a legitimate business interest, a non-compete agreement is unenforceable — regardless of what it says.
Reasonableness of Restrictions
Duration — Florida law creates presumptions about what is reasonable. For employees, restrictions of six months or less are presumptively reasonable; restrictions of more than two years are presumptively unreasonable.
Geographic scope — The restricted area must be reasonably related to the employer’s business operations and the employee’s actual territory or contacts.
Scope of activity — The restricted activities must be reasonably related to the legitimate business interest being protected.
The Florida CHOICE Act — Sections 541.41–541.45, Florida Statutes
Florida’s non-compete landscape changed significantly on July 3, 2025, when the CHOICE Act became law. The Act creates an enhanced enforcement framework for non-compete and garden leave agreements that operates separately from Florida’s existing Restraint of Trade statute.
The CHOICE Act applies to covered employees earning at least twice the annual mean wage of the applicable Florida county. Covered non-compete agreements may extend up to four years and carry a strong presumption of enforceability.
Common Non-Compete Issues We Handle
Reviewing Agreements Before Signing — Reviewing a non-compete before signing can prevent long-term restrictions on your career.
Challenging Enforcement — Non-competes may be unenforceable due to lack of legitimate business interest, unreasonable restrictions, or employer breach of contract.
Injunction Defense — Employers often seek emergency injunctions to stop former employees from working. These require immediate legal response.
Severance Agreements and Employment Contracts
Severance Agreements — Severance agreements often include a release of claims. These should be reviewed carefully before signing.
Employment Contracts — Contract review and negotiation services are available for employees and executives throughout Southwest Florida.
Contact Us Today
Whether you are facing a non-compete agreement or need guidance on employment contracts, do not wait to get legal advice. These matters often move quickly and early counsel is critical.
Call Phillips Law Firm today at (239) 262-4180 for a free and confidential consultation, or reach us through the Contact page.
Phillips Law Firm represents employees and employers in non-compete, severance, and employment contract matters throughout Southwest Florida, including Naples, Marco Island, Bonita Springs, Estero, Fort Myers, Cape Coral, Immokalee, and surrounding communities across Collier, Lee, Charlotte, Hendry, and Glades counties.