If you’ve ever started a new job and been handed a non-compete clause to sign, you’ve probably wondered: “Are non-compete agreements enforceable?” The answer depends heavily on where you work.
In states like Florida and Georgia, the enforceability of non-compete agreements varies dramatically, shaped by different statutes, court rulings, and policy priorities.
For employees, understanding these differences can protect your career mobility and prevent you from being unfairly restricted from future opportunities. This guide explains, as of November 2025, how each state treats non-compete agreements, what makes them valid or void, and what workers should know before signing or breaking one.
What Is a Non-Compete Agreement?
A non-compete agreement (sometimes called a restrictive covenant) is a contract that limits an employee’s ability to work for a competitor, start a competing business, or engage in similar work after leaving an employer.
Why Employers Use Them
Companies often claim non-competes protect legitimate business interests such as trade secrets, customer relationships, or specialized training investments.
Why Employees Should Be Cautious
For workers, these agreements can restrict career options and make job changes risky, especially if enforced through litigation. That’s why understanding your state’s rules is critical before signing one.
Are Non-Compete Agreements Enforceable in Florida?
Short Answer:
Yes. Florida law enforces non-compete agreements under Florida Statute § 542.335, but only if they are written, signed, protect a legitimate business interest, and have reasonable limits on time, geography, and scope.
What Makes a Non-Compete Valid in Florida
Florida’s statute is one of the most employer-friendly in the country, but it still requires specific legal elements:
- Written and Signed: It must be in writing and signed by the person bound by it.
- Legitimate Business Interest: The employer must prove the restriction protects a valid interest, such as trade secrets, confidential information, or customer goodwill.
- Reasonable Limits: Time, geographic scope, and activity must be no broader than necessary.
- Presumed Timeframes:
- Up to 6 months post-employment → presumed reasonable.
- Over 2 years → presumed unreasonable unless tied to trade secrets.
Courts may also “blue-pencil” an overbroad restriction, modifying it to make it reasonable instead of voiding it altogether.
Example Scenario:
You’re a Tampa sales associate who leaves your company, and your non-compete says you can’t work for any competitor in Florida for two years. Under § 542.335, that could be enforceable if your employer proves customer goodwill or confidential data were at risk. However, if your role didn’t involve such access, a Florida court might limit or reject the clause entirely.
Can Employees Challenge a Florida Non-Compete?
Yes, if the employer fails to demonstrate a legitimate business interest or if the restriction is overly broad in time or geography. Because courts focus on facts, every case depends on how narrowly the agreement is drafted. Employees should review the document with an attorney before assuming it’s binding.
Are Non-Compete Agreements Enforceable in Georgia?
Short Answer:
Yes, but Georgia takes a more balanced approach under the Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.). Non-competes are enforceable only if they protect legitimate business interests and remain reasonable in duration, geography, and scope.
What Makes a Non-Compete Valid in Georgia
- Written Requirement: Must be in writing and signed.
- Legitimate Business Interest: Protects things like trade secrets, confidential data, or customer relationships.
- Reasonableness Test: Evaluated under the totality of circumstances, courts weigh time limits, geography, and job function.
- Judicial Flexibility: Georgia courts can modify (“blue-pencil”) an overbroad covenant rather than void it entirely.
- Recent Case Law: In 2024, the Georgia Supreme Court held that an employee non-solicitation covenant need not include an express geographic boundary if the scope is otherwise reasonable under the GRCA.
Example Scenario
A marketing specialist in Atlanta signs a one-year non-compete banning her from working with “any competitor across the Southeast.” The court could enforce a narrower version — for example, limiting it to the metro area or to clients she directly served — rather than striking it down completely.
Can Employees Challenge a Georgia Non-Compete?
Yes. Workers can contest overbroad terms that restrict unrelated roles or excessive territories. Because Georgia law favors reasonableness and proportionality, employees often succeed in narrowing unfair restrictions through negotiation or litigation.
Florida vs. Georgia: Key Differences for Employees
| Governing Law | Fla. Stat. § 542.335 | O.C.G.A. § 13-8-50 et seq. |
| Overall Policy | Employer-friendly | Balanced / case-specific |
| Writing Required | Yes | Yes |
| Court Modification | Allowed (“blue-pencil”) | Allowed (“blue-pencil”) |
| Presumed Reasonable Period | ≤ 6 months (employees) | No fixed presumption |
| Overly Broad Clause | May be narrowed | May be reformed |
| Legitimate Business Interest | Required | Required |
| Federal Impact | FTC rule paused (2025) | FTC rule vacated/appeals dismissed (Sept. 5, 2025) |
How Long Can a Non-Compete Last?
- Florida: Generally, up to 6 months is presumed reasonable for employees; more than 2 years is presumed unreasonable (unless tied to trade secrets).
- Georgia: No statutory presumption; most agreements range from 6–12 months, sometimes up to 2 years if justified by role or access to clients.
Longer durations, especially for lower-level employees, are likely to be struck down or limited.
Does the FTC’s Proposed Ban Affect Florida or Georgia Workers?
As of November 2025, the Federal Trade Commission has formally dismissed its appeals in Ryan, LLC v. FTC (5th Cir.) and Properties of the Villages v. FTC (11th Cir.), and has acceded to the vacatur of the Non-Compete Clause Rule.
This means the FTC’s proposed nationwide ban on non-compete agreements is no longer enforceable or pending appeal. The rule has effectively been set aside, and state laws, including Florida’s § 542.335 and Georgia’s Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.), remain the controlling authority for now.
Practical Tips for Employees
- Always get a copy of the agreement before signing, never rely on verbal assurances.
- Check duration and geography. Anything over a year or covering an entire state is a red flag.
- Look for specifics. Broad phrases like “any similar business” are risky.
- Understand your role. The more access you had to clients or data, the more enforceable a non-compete may be.
- Consult an attorney. A quick review can determine whether the clause is likely to hold up in court.
How Cantrell Schuette Helps Employees
Cantrell Schuette is a national employment law firm experienced in representing employees across Florida and Georgia. Our team of attorneys:
- Review non-compete and non-solicitation agreements before signature.
- Negotiate modifications to protect your right to work.
- Defend employees accused of violating restrictive covenants.
- Advise on cross-state implications when moving between Florida and Georgia.
We combine national reach with regional experience, so you can make informed career decisions without risking unnecessary legal exposure.
FAQs About Florida Non-Compete Agreements
- Are non-compete agreements enforceable in Florida?
Yes. Florida enforces non-compete agreements under Florida Statute § 542.335 when they’re written, signed, and protect a legitimate business interest. Restrictions must be reasonable in duration and scope, but courts may narrow overly broad terms rather than void them.
- What is considered a “legitimate business interest” in Florida?
Under Fla. Stat. § 542.335(1)(b), examples include trade secrets, confidential information, customer relationships, goodwill, and specialized training. Without one, a non-compete is invalid.
- Can Florida courts modify an unreasonable non-compete?
Yes. Courts can narrow overly broad restrictions rather than strike them entirely, a process known as “blue-penciling.”
Is a non-compete enforceable if I was laid off?
Yes. Florida law doesn’t automatically void non-competes after layoffs. Courts apply §542.335’s requirements (writing, legitimate business interest, reasonableness) and, by statute, do not consider individualized hardship when deciding enforceability.
FAQs About Georgia Non-Compete Agreements
- Are non-compete agreements enforceable in Georgia?
Yes. Under the Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.), non-competes are enforceable if they’re written, signed, and reasonable in time, scope, and geography. Georgia courts can modify broad restrictions to make them fair and enforceable.
- What does Georgia law require for enforceability?
O.C.G.A. § 13-8-53 requires a written, signed covenant that protects a legitimate business interest and remains reasonable in duration, scope, and geography.
- Does a Georgia non-compete need an exact geographic limit?
Not necessarily. A 2024 Georgia Supreme Court ruling confirmed that a covenant can remain valid even if the geographic range is reasonably implied by job duties.
- What if my Georgia employer tries to enforce an overbroad clause?
You can challenge it. Courts have discretion to modify or void terms that exceed what’s necessary to protect legitimate business interests.
Conclusion
So, are non-compete agreements enforceable?
Yes, but only when they meet strict state requirements.
- In Florida, enforcement is likely if the contract is written, signed, and justified by a legitimate business interest.
- In Georgia, courts assess fairness and can adjust unreasonable terms.
For employees in either state, the safest move is to review every non-compete with an experienced non-compete & employee mobility attorney before signing or challenging one.
Cantrell Schuette helps Florida and Georgia workers protect their rights, careers, and futures.
Contact our employment law team today to schedule a consultation and understand where you truly stand under your state’s law.