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In general, non-competition provisions are deemed
against public policy. However, they will be enforced if the
duration and area of restriction are reasonable. In order to
determine what is reasonable, a court will look at the individual
facts of each case. Thus, there is no one definitive rule. With
regard to what is deemed reasonable, there is case law supporting
the proposition that a county-wide restriction is facially
reasonable. Some courts have held that up to 75 miles is reasonable.
The court will look at the specific facts, including the type of
work involved. If a court finds that a certain restriction is
unreasonable, it would reduce that restriction to a narrower
geographical limitation. |
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© Copyright Bucci Law Offices
Reproduction or republication in any form is prohibited.
Christin Bucci, Attorney and Counselor at Law,
LL.M., C.P.A.
*Member of the Florida Bar, Federal Bar for the Southern
District of Florida, Ohio Bar, District of Columbia Bar, United
States Supreme Court Bar & United States Tax Court*
www.buccilawoffices.com |
