Question 1

What is a key employee non-solicitation agreement in Florida?

Accepted Answer

A non-solicitation agreement is a restrictive covenant that prohibits a departing employee from soliciting the employer’s customers, clients, or other employees for a specified period after leaving. It is narrower than a non-compete (which prohibits the employee from working in the same industry), making it more likely to be enforced. Under Florida law (Section 542.335), non-solicitation agreements are enforceable if they protect a legitimate business interest and are reasonable in scope and duration. A typical non-solicitation agreement restricts: direct solicitation of the employer’s clients or customers, solicitation of the employer’s employees to leave, and interference with the employer’s business relationships.

Question 2

How does a non-solicitation agreement differ from a non-compete in Florida?

Accepted Answer

Key differences: a non-compete prohibits the employee from working for a competitor or starting a competing business in a defined geographic area. A non-solicitation only prohibits the employee from actively soliciting the employer’s customers/employees; the employee can work for a competitor as long as they do not solicit. Non-solicitation agreements are: less restrictive on the employee’s ability to earn a living, more likely to be enforced by Florida courts, easier to draft with reasonable scope, and often more effective at protecting the employer’s actual interest (the customer relationships). Many employers use both: a non-compete for the most senior employees and a non-solicitation for other key employees.

Question 3

What duration is reasonable for a Florida non-solicitation agreement?

Accepted Answer

Under Section 542.335(1)(d): non-solicitation agreements of 6 months or less are presumptively reasonable. Agreements exceeding 6 months but not more than 2 years are subject to a rebuttable presumption of reasonableness. Agreements exceeding 2 years are presumptively unreasonable (the employer must prove reasonableness). In practice, most Florida non-solicitation agreements are 12-24 months. The duration should correspond to the length of the sales cycle or the period needed to establish a new relationship with the customer. For real estate brokerages and professional services firms, 12-18 months is typical.

Key Employee Non-Solicitation Agreement

Key Employee Non-Solicitation Agreements in Florida

What Is Prohibited

Non-Solicitation vs. Non-Compete

Reasonable Duration

Related Terms

Barnes Walker Employment Law

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