When a former employee takes clients, the business may have a claim, but the outcome depends on the signed agreement and the evidence. Florida courts enforce non-compete and client non-solicitation agreements only when they meet the test in Fla. Stat. § 542.335. This page explains how these cases are built, what to preserve, and the steps that usually come first.
How Florida Enforces Non-Compete and Client Non-Solicitation Agreements
Florida enforces reasonable restrictive covenants that are in writing, signed by the person bound by them, and supported by a legitimate business interest. A court will not enforce a covenant unless that signed writing exists. The restraint must also be reasonable in time, area, and line of business.
The business seeking enforcement must prove a legitimate business interest. Trade secrets are the first item on the statute’s list, and the list is not limited to them. The business must also show the restraint is reasonably necessary to protect that interest.
Once the business makes that showing, the other side must prove the restraint is overbroad, overlong, or otherwise not reasonably necessary. For a post-term covenant with a former employee, agent, or independent contractor that is not predicated on trade secrets and is not tied to a business sale, the statute presumes a restraint of six months or less reasonable. It presumes a restraint of more than two years unreasonable. Those presumptions can be rebutted.
If a restraint goes too far, the court must modify it and grant only the relief reasonably necessary. A court doesn’t simply throw out an overbroad restraint, but any restrictive covenant not supported by a legitimate business interest is unlawful and is void and unenforceable. Florida restrictive covenants are governed by state law, including § 542.335, which provides that a court shall not enforce a restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought.
If a former employee is pulling your customers away, your business may have a claim, and our team can review your signed agreement with you. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Who This Service Is For
This service fits Florida business owners and managers who signed a covenant and now see a departed person working against them. Common situations include:
- A former salesperson or account manager calling your longtime customers after resigning.
- A selling owner who agreed to a covenant in a sale and now competes in the same market.
- A former partner or shareholder using your pricing, proposals, or customer lists to move work elsewhere.
- A key employee who joined a rival and took files or contacts along.
- A Tampa Bay contractor or supplier whose former staff formed a competing company and is bidding on the same Hillsborough County accounts.
If you aren’t sure your agreement can be enforced, that question is the right place to start.
What a Client-Theft Lawsuit Can Cover
A client-theft case can combine several claims. The right mix depends on the paperwork and the evidence. The main claims include:
- Breach of a non-compete or client non-solicitation covenant. The business may ask for an injunction and money damages where the facts support them.
- Breach of a confidentiality agreement. This can cover customer lists, pricing, and business plans.
- Trade secret misuse. Florida’s trade secret law (chapter 688) applies when the information qualifies as a trade secret.
- Tortious interference. A business may sue for interference with present or prospective customers. The business must show an identifiable understanding that in all probability would have been completed without the interference.
- Breach of fiduciary duty. A partner must refrain from competing with the partnership before dissolution (Fla. Stat. § 620.8404).
One limit matters. Where an express contract covers the same subject, claims arising from that contract will not support unjust enrichment (Williams v. Johnson). That’s why the contract’s wording drives the case.
Step-by-Step: How the Process Works
Most matters start with the signed agreement and the evidence. A demand letter often comes next. Court or arbitration follows only if needed.
- Review the agreement. Check the duration, the geographic reach, the definitions of customers and confidential information, and any governing-law, venue, or arbitration clause.
- Preserve evidence. Keep emails, texts, CRM records, sales logs, customer messages, device data, and personnel files. Don’t delete or edit anything.
- Document the solicitation. Record which customers were contacted, when, and whether any accounts moved to the new employer.
- Send a demand letter. It identifies the covenant and the conduct, and it sets a deadline to respond.
- Choose the forum. Under Fla. Stat. § 47.011, an action is brought in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. That section doesn’t apply to actions against nonresidents. If the agreement has an arbitration clause, Fla. Stat. § 682.02 makes it valid, enforceable, and irrevocable except on a ground that exists at law or in equity for the revocation of a contract. Under § 682.03, a court can order arbitration when an enforceable agreement exists and the other side refuses.
- Litigate or arbitrate. If the matter proceeds, the business pursues its claims, including damages and any fee recovery the law allows.
Timeline and What to Expect
Early steps move the fastest. The full timeline depends on the court’s or arbitrator’s schedule and on how the other side responds.
- Document review and preservation come first. Records that sit unorganized are harder to rebuild later.
- The demand letter sets a response deadline. Some disputes resolve at this stage. Many do not.
- A temporary injunction asks a court to stop the conduct early. The judge looks at the record available at that stage, not a final verdict.
- Discovery takes time. Both sides exchange documents and, in many cases, testimony before trial.
- Settlement can happen at any stage.
Nothing on this page predicts how a specific case will turn out or how long it will take.
Why Work With Ayala Law PA
Ayala Law PA focuses its practice on business litigation, including commercial litigation and contract disputes. The firm’s approach is practical: read the contract, map the evidence, and tie the response to the business goals at stake.
- Responsible lawyer: Eduardo A. Maura is responsible for the content of this page.
- Office location: The firm’s only office is at 1646 W Snow Ave, Tampa, Florida.
- Areas served: The firm works with businesses in Tampa, Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace, and across Tampa Bay.
- Support: Our team includes assistants and office staff who help keep matters moving.
No outcome can be promised, and past matters don’t predict how yours will end.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Common Questions and Objections
Most answers depend on the agreement’s wording and how the working relationship ended.
Can a non-compete be enforced against an employee who was fired?
Termination can change the analysis. The agreement’s terms and the reason for separation both matter.
Does a client non-solicitation clause still work if the non-compete fails?
The two covenants are separate. Each is judged on its own terms, so one can be treated differently from the other.
Can we sue the new employer too?
Possibly, depending on the facts. Interference claims can name others involved, but the business must show a relationship that likely would have been completed without the interference.
Is a lawsuit always necessary?
No. A demand letter sometimes resolves the matter, and litigation is one option among several.
What about attorney’s fees?
If a contract allows fees to a party required to enforce it, a court may award reasonable fees to the other party when it prevails, for any contract entered into on or after October 1, 1988 (Fla. Stat. § 57.105). Our fee terms are discussed before any engagement begins.
Talk Through Your Situation With Ayala Law PA
If a former salesperson is calling your longtime accounts, the next step is a review of what you signed and what you can document. Gather the agreement, the names of the customers involved, and any messages that show the contact. Call (305) 570-2208 or request a case evaluation to talk through your situation.
