Brandon Non-Compete Attorney
Sales professionals, managers, and business owners across Brandon, Valrico, Riverview, and Seffner sign restrictive covenants routinely. Many read the terms only when a competitor calls.
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A job offer, resignation, or cease-and-desist letter can bring an old non-compete agreement back into focus. A Brandon non-compete attorney at Cantrell Schuette can review what you signed, explain how Florida non-compete law applies to it, and help you plan your next move with the restrictions in view.
Florida Non-Compete Law for Brandon Employees and Businesses
Most non-compete agreements in Florida are governed by Florida Statute 542.335. It permits restrictive covenants that are reasonable in time, area, and line of business when three conditions are met.
- The covenant is in writing and signed by the person it is enforced against
- The party seeking enforcement proves a legitimate business interest
- The restraint is reasonably necessary to protect that interest
Legitimate business interests include trade secrets, confidential information, substantial customer relationships, goodwill tied to a geographic area, and specialized training. A covenant without one is void.
For a former employee, courts presume a restraint of six months or less is reasonable in time and a restraint longer than two years is unreasonable. An overbroad restriction is modified by the court rather than voided. The same framework covers non-solicitation agreements and independent contractors.
How the Florida CHOICE Act Changes Some Non-Compete Agreements
The Florida CHOICE Act took effect July 1, 2025, and set separate rules for higher earners. It applies to qualifying agreements signed after that date, and section 542.45 sets out how covered non-compete agreements are enforced. Agreements that do not qualify stay under 542.335.
- A covered employee earns, or is expected to earn, a salary above twice the annual mean wage of the relevant Florida county
- The county is where the employer is based, or where the employee lives if the employer is based outside Florida
- Health care practitioners are excluded
- A covered non-compete agreement may last up to four years
- A covered garden leave agreement may require up to four years of paid notice
- The employee must get seven days to review and written notice of the right to counsel
The larger change is enforcement. A court must enter a preliminary injunction on a covered agreement and may dissolve it only on clear and convincing evidence. The new employer can be enjoined too, and the act applies to employees who primarily work in Florida regardless of any choice of law clause.
The Federal Trade Commission noncompete rule was removed after courts set it aside, though the agency still reviews agreements case by case.
Common Non-Compete and Non-Solicitation Disputes in Brandon
Most disputes begin with a job change, a new venture, or a demand letter.
- A cease-and-desist letter after accepting a role with a competitor
- Claims that a former employee solicited clients or coworkers in breach of a non-solicitation agreement
- Disputes over customer lists and pricing
- A motion for a temporary injunction in Hillsborough County circuit court
- Demands aimed at the new employer
Brandon cases may be filed in the Thirteenth Judicial Circuit or the Tampa Division of the Middle District of Florida, and trade secret disputes often travel with them.
Signs a Non-Compete Agreement May Not Be Enforceable
Whether a Florida non-compete agreement holds up depends on its terms, the facts, and which law applies. Common issues include:
- You never signed the agreement being enforced
- The restriction reaches customers, territories, or services you never worked with
- The term runs well past the statutory presumptions
- The employer no longer operates in the line of business the covenant protects
- The employer breached first, for example by withholding earned commissions
- For a CHOICE Act agreement, the notice, counsel, or acknowledgment steps were skipped
Courts may not weigh personal hardship when deciding whether non-competes are enforceable. See our guide to joining a competitor.
How a Brandon Non-Compete Attorney May Help
No attorney can promise how a court will treat a restrictive covenant. A non-compete lawyer can identify the risks early. That work may include:
- Non-compete agreement review before you sign, resign or accept an offer
- Negotiating narrower terms or a release
- Responding to cease-and-desist letters
- Defending temporary and preliminary injunction hearings
- Seeking a declaratory judgment on whether an agreement is enforceable
- Advising employers on new hires with restrictive covenants
Under 542.335, a court may award attorney’s fees to the prevailing party, and an employer seeking a temporary injunction must post a bond. Under the CHOICE Act, the prevailing party is entitled to fees. That risk runs both ways.
What Our Clients Say
Why Clients Choose Cantrell Schuette
Cantrell Schuette represents employees, executives, and businesses in restrictive covenant matters, with a Tampa office close to Brandon and a national practice. Our non-compete practice covers non-compete, non-solicitation, and non-disclosure agreements. Our Brandon lawyers also handle employment and business disputes.
- Agreement review under both 542.335 and the CHOICE Act
- Counsel on either side of a job move
- Injunction defense in state and federal court
A Brandon non-compete attorney looks at what the agreement says, what the employer can prove, and what the next role requires.
Speak With an Experienced Attorney Today
Timing matters once a demand letter arrives, and early legal review can help. Contact Cantrell Schuette today at (877) 858-6868 to schedule a consultation with a Brandon non-compete attorney who understands this market inside and out.
Brandon Non-Compete FAQs
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Are non-compete agreements enforceable in Florida?
Yes, when they meet Florida Statute 542.335. The agreement must be written and signed, supported by a legitimate business interest, and reasonably necessary to protect that interest. CHOICE Act agreements follow separate, stricter enforcement rules, and a court may modify an overbroad restriction instead of refusing to enforce it.
Is a two-year non-compete legal in Florida?
It can be. For a former employee, Florida courts presume a restraint of six months or less is reasonable and one longer than two years is unreasonable. A two-year term sits at that edge, so the business interest decides it. CHOICE Act agreements may run up to four years.
Can I work for a competitor if I signed a non-compete?
Possibly. The answer depends on the agreement’s scope, the new role, the customers involved, and whether the covenant is enforceable. Starting without a review can expose you and the new employer to an injunction. A Brandon non-compete attorney can review the terms before you accept or start.
What is garden leave under the Florida CHOICE Act?
Garden leave is a notice period of up to four years during which a covered employee stays on payroll with the same salary and benefits. After the first 90 days, the employee does not have to perform work. Nonworking notice time reduces a related non-compete period day for day.
Does the CHOICE Act apply to my non-compete agreement?
It applies only to covered employees whose salary is above twice the annual mean wage of the relevant Florida county, not counting bonuses and commissions. Health care practitioners are excluded, and the agreement must follow the act’s notice rules. Other agreements remain under 542.335. A Brandon non-compete attorney can confirm which law governs yours.