Search for florida non compete law if terminated

Articles (77)

Can they enforce my Non-compete if they Fired Me?
Non-competition agreements hit fired employees particularly hard, especially when the employer fires the employee without warning or cause. Non-competes hits fired employees with a second whammy, a ba... applies to All States

Employee Poaching & Non-Compete Agreements
Over the past decade, there has been a dramatic increase in non-compete litigation. This is not anecdotal— it is statistical. State and federal court dockets confirmed that non-compete litigation is... applies to Florida

Qualified Privilege Protects Florida Employers from Employee Reference Defamation Suits
An employer is presumed immune from a defamation claim for disclosing untrue information about an employee’s job performance if the untrue information is: 1. Published to a prospective employer; 2. ... applies to Florida

Fighting Florida Non-competition agreements
Many Florida employees believe that, just because an employer forced them to sign a non compete agreement or be fired, they are not bound by the non-compete agreement. That is just not true. Continued... applies to Florida

Florida wrongful discharge law
Florida law does not recognize a “wrongful termination” or "wrongful discharge" claim, at least by that name. Florida is an at-will state, which means that an employer may fire, demote, hire, prom... applies to Florida

Florida's Statutory History for Non-Compete Agreements
Florida law governing non-compete agreements has gone through three major variations since 1953. The enforceability of a covenant not to compete under Florida law is governed by the law in effect at t... applies to Florida

Florida Law for Employer Defamation
Suppose an employer accuses its employee of theft, and fires her for that reason. Suppose the employer then tells prospective employers who call for a reference that the employee was terminated for th... applies to Florida

Florida Whistleblower's Act Protects Employees of the Government and Companies that Contract with Florida Governments
The Florida legislature enacted the Florida whistleblower's Act, Fl. Stat. 112.3187 in 1986 to prevent state and local government agencies ("Agencies,") and the companies that contract with Agencies (... applies to Florida

Choice of Law in Non-compete Cases
Non-compete laws vary significantly from state to state. California law favors employees, while Ohio law recognizes and protects most employer interests. Thus, the law that a court chooses to apply to... applies to All States

Family and Care Giver Discrimination, Harassment and Discharge
Family responsibility discrimination is an emerging area of discrimination law. Although no specific law designates a family care giver as a protected class, a number of laws protect people with famil... applies to Florida

Overview of U.S. Non-competition Agreements
A non-competition agreement, also know as a covenant not to compete, is a promise by an employee not to compete with his or her employer for a specified time, in a particular place or in a particular ... applies to All States

The Role of Contracts in Employment Law
Contracts play a central role in employment law. The most basic employment arrangement, at-will employment, is purely contractual in nature. Floyd v. DuBois Soap Co. (1942), 139 Ohio St. 520, 530-531,... applies to All States

Help for Non-competition Problems
Non-competition agreements can block promising career paths. Even so, every state enforces them, but within limits. For help solving your non-compete problems, learn the limits. Neil Klingshirn has wr... applies to All States

List of Employment Law FAQs
Non-competition Severance pay Retaliation Sexual harassment Family leave Discrimination Wrongfully accused Overtime Tax Issues in Settlements Healthy Families Act Smoke free workplace Ohio non-compete... applies to All States

Virginia Non-competition Law
Restrictive covenants are disfavored in Virginia as restraints on trade. Virginia courts will enforce restraints in non-competes only if the restraint is: reasonable in that it is no greater than nece... applies to Virginia

Ohio Physicians and Doctor non-competition agreements
Non-competition agreements are generally disfavored in the medical profession, but they are not per se unenforceable. Ohio Urology, Inc. v. Poll (1991), 72 Ohio App.3d 446, 451; General Med., P.C. v. ... applies to Ohio

Enforcability of Texas Non-competition Agreements.
To be enforceable under Texas law, a non-compete must be: ancillary to or part of an otherwise enforceable agreement at the time the agreement is made; to the extent it contains limitations as to time... applies to Texas

How to Value Claims for Severance Negotiations
This article describes a process for employment lawyers to use to place a value on a severance pay offer. It involves identifying claims, identifying the damages associated with those claims, discount... applies to All States

Implied Contract exception to Employment at-will
In general, under the employment-at-will doctrine, the employment relationship between employer and employee is terminable at the will of either. See At-will Employment . In Mers v. Dispatch Printing ... applies to Ohio

Rescinding Non-compete Agreements after the Employer's Breach
Some states will not enforce a non-compete clause if the party seeking enforcement previously breached a material provision of the contract containing the covenant not to compete. The breach must be m... applies to All States

Non-competition Agreements in Ohio - History and Law
History of non-competition agreements in Ohio As in other states, Ohio courts at one time viewed noncompetition agreements with some skepticism. Agreements in restraint of trade, including noncompetit... applies to Ohio

Enforcing Non-competition Agreements after the Sale of a Business
If an employer with non-competition agreements sells its business to a new buyer, the buyer does not necessarily acquire the old employer's/seller's rights in its non-competition agreements. The buyer... applies to All States

Proving Unlawful Employment Discrimination
Employment discrimination comes in two forms, "disparate" (i.e., differing) treatment and disparate impact. Disparate impact describes differing treatment resulting from an otherwise neutral employmen... applies to All States

Injunctions Barring Enforcement of Invalid Non-competes
Employers who enforce non-competition agreements have long sought temporary restraining orders (TROs) and preliminary injunctions to bar employees from violating valid non-competition agreements. Cour... applies to All States

Indiana Non-competition Law
Indiana courts disfavor covenants not to compete, which they view as in restraint of trade. Harvest Ins. Agency, Inc. v. Inter-Ocean Ins. Co. 492 N.E.2d 686 (Ind. 1986). Indiana courts strictly constr... applies to Indiana

EEOC Time Limit for Filing a Charge of Discrimination
Before a sexual harassment or other discrimination victim can file suit in federal court, they must first file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). Feder... applies to All States

COBRA premium subsidy under the Economic Stimulus Package
The American Recovery and Reinvestment Act of 2009 (ARRA), better known as the economic stimulus package, provides "assistance eligible individuals" a 65% subsidy towards their COBRA continuation cove... applies to All States

California Non-competition Law
At one time California courts enforced contractual restraints on competition as long as they were reasonably imposed. However, in 1872 California adopted a public policy favoring open competition and ... applies to California

Michigan Non-competition Agreement Law
The Michigan Antitrust Reform Act generally prohibits any "contract, combination, or conspiracy between 2 or more persons in restraint of, or to monopolize, trade or commerce." Mich. Comp. Laws § 445... applies to Michigan

Vacation Pay Rights in Ohio at time of Termination
An Ohio employer is not required by law to give its employees any vacation, holiday or other paid time off. Accordingly, when an employer provides paid vacation, it can establish the rules under which... applies to Ohio

Evidence in Discrimination Cases
Discrimination cases turn on the employer's motive for taking an employment action, like failing to hire or firing an employee. The employee must prove that the employer's bias against people in the e... applies to All States

Illinois Non-competition Agreement Law
Illinois courts are reluctant to enforce restrictive covenants and scrutinize them carefully. Nevertheless, Illinois courts will enforce a restrictive covenant if it is ancillary to another transactio... applies to Illinois

Arizona Non-competition Agreement Law
Historically, Arizona courts viewed covenants not to compete unlawful restraints of trade. Eventually, Arizona courts began to enforce ancillary restraints on competition, such as those incident to em... applies to Arizona

Closing the Severance Pay Negotiation with Non-economic Terms
The amount of severance that an employer is willing to pay an employee, though usually the single most important item addressed in severance negotiations, is only one severance issue. Additional issue... applies to All States

Preliminary Injunctions in Non-competition Cases
A preliminary injunction is a court order, issued at the beginning of a case, which preserves the relative position of the parties while the case is pending. It usually remains in effect until replace... applies to All States

Ohio Public Policy exception to At-will Employment
In Greeley v. Miami Valley Maint. Contractors , 49 Ohio St. 3d 228 (Ohio 1990), the Ohio Supreme Court held that "[p]ublic policy warrants an exception to the employment-at-will doctrine when an emplo... applies to Ohio

New York Non-competition Law
New York state courts enforce post-employment non-competition agreements under certain circumstances, but their examination of restrictive covenants is rigorous. New York courts adhere to a strict app... applies to New York

Overview of Unlawful Employment Discrimination
Unlawful employment discrimination means adverse treatment of employees motivated by the employees' age, sex, race, creed, religion, national origin, disability, veterans status or other protected cla... applies to All States

Physician non-competition agreements in Michigan
Michigan non-competition agreement law states that an employer may protect an employer's reasonable competitive business interests, but its protection in terms of duration, geographical scope, and the... applies to Michigan

Pennsylvania Non-competition agreements
“Non-competition” or “noncompete” agreements are one of a particular kind of contract, termed “restrictive covenants,” under Pennsylvania law. As in most states, noncompetition agreements ... applies to Pennsylvania

Overview of COBRA Health Insurance Continuation Rights
COBRA is a federal law that requires group health plans to continue covering an employee after the employee's employment has ended. COBRA stands for the Consolidated Omnibus Budget Reconciliation Act,... applies to All States

Tortious Interference Involving Non-Competition Agreements
In most states, a third party cannot interfere with the contractual or prospective business relationships between two other parties, absent a proper purpose. This claim is known as “tortious interfe... applies to All States

Florida's Statutory History for Non-Compete Agreements
Non-Compete agreements have gone through three major variations since. Prior to 1953 1953 - 1996 1996 - Present The enforceability of a covenant not to compete under Florida law is governed by the law... applies to Florida

What Happens to My Job If I Suffer a Workers Compensation Injury
Enter your article here As many of you may know, a workers compensation injury is one where you have suffered an injury working on the job for your employer. Many employers carry workers compensation ... applies to Florida

How to Hire a Competitor's Employees
Suppose an employee from a competitor applied for an open position with your firm. She did not take any trade secrets from the competitor and will not solicit her the competitor's customers. However, ... applies to All States

Frequently Asked Question about Non-competition Agreements
Mel's Frequently Asked Questions about non-competition agreements provides an overview of non-competition agreements. It reflects law common to most states, with the notable exception of California. F... applies to All States

What if My Former Employer Says Bad Things About Me?
Enter your article here On many occasions employees ask whether or not they have a legal claim against their former employer or employers for giving bad references or saying bad things about them. The... applies to All States

Employee Poaching & Non-Compete Agreements
This is the post related to employee poaching or raiding and non-compete agreements. This discussion addresses the widespread use of non-compete agreements in today’s economy, issues related to cont... applies to Florida

Hard Rock Cafe Servers Claim Illegal Tip Pooling
Enter your article here Well the national chain of Hard Rock Cafe restaurants have recently been hit with a lawsuit under the FLSA complaining about its tip handling procedures. The allegations of the... applies to All States

Can My Employer Terminate or Reprimand Me for Not Speaking English in the Workplace
Enter your article here One of the areas of frequent complaint with employers, especially in areas such as South Florida and California is whether an employer can force an employee to speak only engli... applies to All States

Appealing Denial of COBRA Subsidy
Most people are now aware that if your employment is involuntarily terminated between September 1, 2008 and December 31, 2009, you may be eligible for the 65% federal subsidy for COBRA. But, what happ... applies to Illinois

When Your FMLA Leave Expires in California
One of the more common mistakes that employers make with regard to employees' medical leave and disability rights under ADA and FEHA is assuming that just because an employee's FMLA or CFRA leave has ... applies to California

Should you complain about discrimination/harassment to your human resources department?
Many employees who are subjected to discrimination or harassment by their co-workers or supervisors believe that they are better off not speaking up and tolerating the potentially unlawful conduct to ... applies to California

What is a Qui Tam?
Enter your article here SAN FRANCISCO — Swiss pharmaceutical company Novartis AG is paying $72.5 million to settle a whistleblower lawsuit accusing it of improperly billing government programs for u... applies to All States

FRONTINO V. MACY’S: AZADIAN LAW GROUP WINS $669,308 FOR EMPLOYEE AGAINST MACY’S FOR RETALIATION AND WRONGFUL TERMINATION
Mr. Azadian started off 2016 with a $669,308 win against retail-giant Macy’s in a retaliation and wrongful termination lawsuit where his client was terminated after making complaints that he was... applies to California

The EEOC Announces Multiple Six Figure Settlements of 100% Healed Cases.
100% Healed Policies: A Recipe for Disaster. The Equal Employment Opportunity Commission recently announced six figure settlements of multiple federal lawsuits alleging employer failures to accommodat... applies to All States

4 Things To Know About Leaves Of Absence And Wrongful Termination
Have you ever wondered what would happen if you became very ill suddenly and couldn’t go to work? What if your child or spouse became ill or he or she was severely injured in an accident; would ... applies to California

3 Basic Points About Employee Rights You Need To Know
3 Basic Points About Employee Rights You Need To Know Have you ever wondered what would happen if you lost your job because you were in an accident and needed time off? What if a new manager was hired... applies to All States

8 Main Disability Discrimination Questions
What are the 8 Main Disability Discrimination Questions? California is an at-will employment state. As an at-will employee in California, an individual may be terminated for any reason or no reason at... applies to All States

Burden of Proof in Age Discrimination cases after Gross v. FBL Financial Services
Last month's U.S. Supreme Court decision, Gross v. FBL Financial Services changed the burden of proof on age discrimination victims. Previously, courts required age discrimination victims to prove tha... applies to All States

City of Tulsa settles pregnancy discriminition case
The City of Tulsa has settled a pregnancy discrimination case filed by a former employee in the public works department. In 2011, the City of Tulsa hired Qamar Herd three weeks before her scheduled de... applies to Oklahoma

4 Things You Should Know About Pregnancy and Employment Laws
Women should not be discouraged from pursuing their dream of having a family while also maintaining their career. There are laws in place that provide security for women who are pregnant or have pregn... applies to California

Genetic Discrimination Under GINA
Enter your article here A woman who tested positive for the breast cancer gene brought suit against her employer MXnergy for violation of the Genetic Information Nondiscrimination Act of 2008 (GINA) w... applies to All States

5 Ways to Avoid Conflict When You Take a Leave of Absence
Injuries, illnesses, family emergencies, and accidents happen but what if it happens to an employee? Employees in California do have rights when it comes to a leave of absence for particular reasons. ... applies to California

3 Ways Sexual Harassment Claims May Lead to Other Claims
A Work Attorney has many types of cases that end up on their desk, but the most common is sexual harassment. Sexual harassment within the workplace is against the law, yet remains a common issue. Vict... applies to All States

4 Situations Where an Employer May Retaliate
4 Situations Where an Employer May Retaliate Retaliation is a type of practice that is deemed unlawful under employment laws. An employee may experience retaliation when he or she makes a complaint ab... applies to All States

What is sexual orientation harassment or discrimination?
An Employment Lawyer is an attorney who may represent an employee against their employer in a situation where he or she was treated poorly at work based on their sexual orientation. But what is sexual... applies to All States

5 Forms of Sexual Harassment You Didn’t Know About
1. Desire does not have to be what fuels the fire Did you know that not all forms of sexual harassment are motivated by a person’s sexual attraction to another? Under particular legislation in C... applies to All States

What to do if you are sexually harassed in the workplace
What happens when sensual pestering becomes a mechanism for instilling fear in a victim? An employee’s fear for their personal safety and/or job security can be stirred when sexual desires of a ... applies to All States

How People Have Fought Against Discrimination
Many employees face discrimination . The ADA, ADEA, Title VII Civil Rights Act and OSHA’ s whistleblower laws help females, minorities, disabled or mentally challenged employees either get and k... applies to All States

I’ve been fired! : 3 Ways Termination Can Become ‘Wrongful Termination’
1. Sexual Harassment and Revenge It’s hard enough as it is to tell your tinder date after the first meet-up that you’re just not that into them. Perhaps you do it over text or ghost them a... applies to California

3 Things To Know About Taking a Leave From Work
3 Things To Know About Taking a Leave From Work It is early in the morning, the sun has yet to rise, and the alarm on your phone goes off. Work is hours away but this is the alarm you set is for yours... applies to All States

3 Ways Sexual Harassment and Leaves of Absence Can Be Connected
An incident of sexual harassment on one hand and taking a leave of absence on the other are two types of situations that would not appear to coexist in the same set of facts, but unfortunately, the tw... applies to All States

5 Disabilities that May Be Protected By Employment Law
5 Disabilities that May Be Protected By Employment Law Disability discrimination is where an employer refuses to acknowledge your impairment as a disability and treats you adversely based on your disa... applies to California

3 Ways You Didn’t Know You’re Being Discriminated Against at Work
Setting fire to your manager’s desk in some countries may earn you a verbal warning. Well, that may be an exaggeration, but basically, unlike California, there are places in the world where ... applies to All States

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