What Makes a Florida Non-Compete Agreement Too Broad to Enforce?

Signing a new job offer often means signing a stack of other paperwork too, and buried in that stack may be a non-compete agreement. Many employees sign these documents without a second thought, only to find out later that the restriction could keep them out of their field entirely if they ever leave the company. If you are wondering whether the non-compete you signed goes further than the law allows, our Palm Beach Gardens employment attorneys can help you understand where the line is drawn.

Florida Law Starts From a Place That Favors Employers

Florida is widely considered one of the more employer-friendly states in the country when it comes to enforcing restrictive covenants. Under Fla. Stat. § 542.335, a non-compete agreement is presumed valid as long as it is in writing, signed by the employee, and designed to protect a legitimate business interest. This framework became even more favorable to employers after the CHOICE Act took effect in 2025, which expanded the tools available to companies seeking to enforce these agreements. That does not mean every non-compete an employer writes will hold up in court, though. The statute still requires that the restriction be reasonably necessary, and reasonableness has limits.

Three Areas Courts Examine Closely

When a non-compete is challenged, judges tend to focus on three overlapping factors: time, geography, and scope of restricted activity.

• Duration: Restrictions on former employees of six months or less are generally presumed reasonable, while anything beyond two years faces a much steeper uphill climb for the employer to justify.
• Geographic reach: A restriction that blocks a former employee from working anywhere in Florida may be excessive if the company only operated in a handful of counties.
• Scope of prohibited work: An agreement that prevents someone from working in any capacity for a competitor, rather than in the specific role or function they actually performed, can be considered broader than necessary.

A Legitimate Business Interest Still Has to Exist

Even a well-drafted non-compete needs to be tied to something the law recognizes as worth protecting, such as trade secrets, confidential business information, substantial customer relationships, or specialized training the employer invested in. A company cannot use a non-compete simply to prevent an employee from taking a better opportunity or from becoming ordinary competition. Courts have consistently rejected agreements that amount to nothing more than an attempt to eliminate a former employee as a competitor, without any legitimate interest behind the restriction.

What This Means if You Signed One

If you are considering a job change and a prior non-compete is standing in your way, or if a former employer has threatened legal action over one, do not assume the agreement is automatically enforceable as written. The specific wording matters, and so does how the restriction compares to what the employer can actually prove it needs to protect.

We know how disruptive it can feel to have your next career move tied up by a document you may not have fully understood when you signed it. Sconzo Law Office reviews non-compete and other restrictive covenant agreements for employees throughout Palm Beach Gardens and the surrounding area, and we can walk you through what your particular agreement does and does not allow. If you need a closer look at your situation, reach out and let us get started on it with you.

For guidance specific to your contract, our Palm Beach Gardens contracts and non-compete attorneys are ready to help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0542/Sections/0542.335.html