As a result, New York`s highest court at Brown and Brown finally considered whether Florida`s predictions were enforceable in New York courts. The Tribunal immediately found that, while the parties were generally free to enter into contracts as they wished, including the choice of legislation, new York courts would not apply agreements if the chosen law violated “a fundamental principle of justice.” 29 The court also stated that this exception for public order was “reserved for foreign laws, which are truly repugnant”. 30 This means that you must be particularly careful in designing agreements when they are intended for intergovernmental collaborators. The use of a free contract template or form to fill out online legal services such as LegalZoom or RocketLawyer obviously does not lead to restrictive contractual agreements that are carefully in mind with your specific business. If you are leaving a job and you have a non-competition, the best thing to do is to get advice from a work lawyer before you leave. An agreement written with the new employer to defend you and pay you, even if you cannot provide certain services, if a court issues an injunction, protect you. If you are sued for imposing non-competition, you must immediately contact a work lawyer to defend yourself, or you will lose your new job, you will have a money judgment against you and you will have no way to increase the defenses on the non-compete agreement. As part of the normal recruitment process, a non-compete agreement was submitted to Mr. Jones for his signature. He refused, but ABC still appealed to Mr. Jones. In his analysis of public policy, Brown-Brown acknowledged that the laws in Florida and New York were similar, that restrictive agreements should be considered temporary, extensive and geographically, and that they should be linked to a legitimate commercial purpose. One of these was Florida`s express prohibition against considering the severity that the application of the non-compete agreement would impose on the former employee.32 This was contrary to the New York law, which requires a court to ascertain whether the non-competition agreement imposes inappropriate hardship on the worker.33 A second provision which, in Brown-Brown, has not been equated with the New York law , was Florida`s competition law provision that requires the worker to be subjected to inappropriate hardship.

that the courts use restrictive agreements in favour of the employer and do not enforce them. The contract construction rules for interpreting the restrictive treaty in a restrictive or contrary manner34 The Tribunal stated that New York interprets non-competition obligations strictly on public order, not wanting to sanction the loss of a person`s livelihood.35 – The history of White`s proceedings and the precise question asked – White Court recognized a conflict between the fourth and fifth district court in Florida legal interpretation of a protective legitimate commercial interest. Therefore, the Florida Supreme Court consolidated the cases of the two district courts for purposes His decision in White.50 The issue of the consolidated appeal review was whether the reference sources for the home health care sector – which were the patients` physicians and not the patients themselves – could constitute a legitimate commercial interest under the Florida Non-Competition Act.51 Under the law , a non-competition agreement must be supported by at least one “legitimate commercial interest.” which is defined as “included, but not limited to” a list of five items.

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Last Modified: November 30, 2020