{"id":8112,"date":"2026-11-05T05:27:27","date_gmt":"2026-11-05T05:27:27","guid":{"rendered":"https:\/\/www.lawayala.com\/resources\/business-litigation\/non-compete-client-theft-lawsuit-florida-business\/"},"modified":"2026-11-11T09:33:48","modified_gmt":"2026-11-11T09:33:48","slug":"non-compete-client-theft-lawsuit-florida-business","status":"publish","type":"page","link":"https:\/\/www.lawayala.com\/resources\/business-litigation\/non-compete-client-theft-lawsuit-florida-business\/","title":{"rendered":"Former Employee Took Clients Lawsuit Florida | Ayala Law"},"content":{"rendered":"\n
<\/span>\"Office
\n

Business Litigation | Tampa Bay and Hillsborough County<\/p>

When a Former Employee Takes Your Clients<\/h1>

Ayala Law PA represents businesses and entrepreneurs in Florida courts and arbitration in disputes over client diversion, restrictive covenants, and misuse of confidential business information.<\/p>

Book a Case Evaluation<\/a><\/div>
Book a Case Evaluation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Eduardo A. Maura \u00b7 Published November 5, 2026<\/p>\n\n

\n\n\n

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. \u00a7 542.335<\/a>. This page explains how these cases are built, what to preserve, and the steps that usually come first.<\/p>\n

How Florida Enforces Non-Compete and Client Non-Solicitation Agreements<\/h2>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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 \u00a7 542.335<\/a>, 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.<\/p>\n\n

\n

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.<\/p>

Schedule a consultation<\/a><\/div>
Schedule a consultation<\/a><\/div><\/div>\n<\/div>\n\n
\"A<\/figure>\n

Who This Service Is For<\/h2>\n

This service fits Florida business owners and managers who signed a covenant and now see a departed person working against them. Common situations include:<\/p>\n