Non-Compete Agreements

The first legal litmus test is whether a company has taken measures to protect its information. A former employee cannot generally be held accountable for divulging information to a competitor that the company allows to be shared in any public forum or information that the company fails to take any reasonable steps to ensure that it remains confidential.


When a sales representative and customer begin their business relationship, it is at the company’s expense. Thus, to protect that relationship it is important to have a carefully drafted non-solicitation or non-service agreement that will ensure that he/she cannot pursue or contract business with a company-originated customer for a stipulated period (up to two years under Florida’s non-compete statute).