What is the status of Executive Order 14036? On July 9, 2021, President Joe Biden issued an Executive Order (EO 14036) titled “Promoting Competition in the American Economy.” The Order includes 72 initiatives to tackle what Biden perceives to be…
In what the United Nations has described as a “shadow pandemic,” the reported cases of domestic abuse have risen by at least 20% since COVID-19 started and is likely much higher because of unreported cases. As employers welcome staff back…
As we all cope with the COVID-19 pandemic, feelings of anxiety, sadness, and fear are commonplace. Pandemic-related factors that may add to a workers' stress, are sundry, but may include fears regarding health or job security. A proactive response to…
The last thing a business owner needs right now is a labor dispute with an employee. The current situation makes that a possibility. Things are starting to return to normal. Businesses are reopening. Millions of companies have received Payroll Protection Program…
What do you do if you signed a non-compete agreement with your employer in Florida and now want to go to work for a competitor of your employer? Many people believe that if an employer forces an employee to sign a non-compete agreement as a condition of employment, the agreement is unenforceable. That is not true in Florida because such agreements are presumed by law to be valid. However, that does not mean you have no ability to defeat the agreement in the event your former employer tries to enforce it. There are several potential arguments one may be able to make.
Material Breach by Employer
One argument is that the employer somehow materially breached the employment contract. For example, if the employer did not fulfill its obligations to the employee with regard to such items as compensation, insurance, etc., then the employee could argue that the non-compete provisions should not be enforced.
