Hialeah Non-Compete Attorney
A non-compete agreement can decide whether you accept a job offer, start a company, or keep the customers you spent years developing.
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For businesses, the same agreements protect confidential information and client relationships. Florida law in this area changed significantly in 2025, so advice that was accurate two years ago may no longer be. A Hialeah non-compete attorney can explain which framework governs your agreement and what it actually restricts.
Cantrell Schuette dedicates a substantial portion of its practice to non-compete and unfair competition matters, representing employees, executives, contractors, entrepreneurs, and businesses across Miami-Dade County and nationwide, including injunction litigation in Florida state and federal courts.
Non-Compete Representation for Hialeah Employees and Businesses
- Reviewing non-compete, non-solicitation, and confidentiality agreements before signing
- Assessing enforceability before a job change or new business venture
- Responding to cease-and-desist letters and defending injunction proceedings
- Negotiating releases, waivers, or narrowed restrictions
- Drafting and enforcement counseling for companies protecting legitimate interests
- Advising companies on hiring a worker bound by a restrictive covenant, including tortious interference and trade secret risk
Are Non-Compete Agreements Enforceable in Florida?
Often yes, but enforceability depends on the agreement, the statutory framework that governs it, and the facts. Florida now has two frameworks. Most agreements are governed by Florida Statute 542.335, which requires a signed written agreement, a legitimate business interest, and restrictions that are reasonable in time, geographic area, and line of business. Certain newer agreements with higher-earning workers may instead qualify under the Florida CHOICE Act, which follows different and more employer-friendly rules.
What Florida Courts Consider Under Section 542.335
- A legitimate business interest, such as trade secrets, valuable confidential information, substantial customer relationships, goodwill, or specialized training
- Whether the restriction is reasonably necessary to protect that interest
- The reasonableness of the time period, geographic area, and restricted activities
- Courts can modify overbroad restrictions rather than void them entirely
- Remedies can include injunctions and damages, and prevailing-party attorney fee provisions are common
How the Florida CHOICE Act Affects Certain Agreements
The CHOICE Act took effect in July 2025 and applies only to qualifying agreements signed on or after that date with covered employees, generally workers earning more than twice the annual mean wage of the relevant Florida county. Licensed health care practitioners are excluded. Covered agreements must include written notice of the right to seek counsel, at least seven days to consider the agreement, and a written acknowledgment regarding confidential information or customer relationships.
When those requirements are met, non-compete periods of up to four years can be enforceable, and courts must generally issue a preliminary injunction on the employer’s application unless the employee makes a heightened evidentiary showing. Agreements outside the Act remain governed by Section 542.335, so the first question in any dispute is which framework applies. The current statutory text is available through the Florida Senate.
Is There a Federal Ban on Non-Competes?
No. The FTC’s nationwide Noncompete Rule never took effect. A federal court set it aside, the agency dismissed its appeals in 2025, and the rule has since been removed from the Code of Federal Regulations, as reflected on the FTC’s rule page. The FTC can still challenge specific non-compete practices on a case-by-case basis, but enforceability today is primarily a question of state law.
Non-Compete Issues in Hialeah and Miami-Dade
Hialeah’s economy runs on health care and social services, retail, manufacturing, and transportation and warehousing. Restrictive covenant disputes in these sectors often involve salespeople moving between competitors, logistics and distribution employees with pricing or routing knowledge, administrative and operations personnel in health care businesses, and owners or key employees leaving closely held companies. Where a dispute is litigated depends on the contract’s venue and choice-of-law terms; many Miami-Dade matters proceed in Florida’s Eleventh Judicial Circuit or in the Southern District of Florida.
What to Do When a Non-Compete Dispute Starts
Preserve the signed agreement, your offer letter, compensation records, job descriptions, and any demand or cease-and-desist letter, and get advice before responding. These disputes move quickly because injunctions can issue early in a case, and decisions made in the first weeks often shape the outcome.
What Our Clients Say
Why Clients Choose Cantrell Schuette
Restrictive covenant and trade secret disputes are a core focus of the firm rather than a side practice. Our attorneys have advised on thousands of non-compete and non-solicit agreements and regularly litigate injunction proceedings, with particular depth in Florida non-compete law and executive representation. We advise both the individuals asked to sign these agreements and the businesses that rely on them, which gives our clients a clear view of how the other side will approach a dispute.
Speak With an Experienced Attorney Today
Whether you are reviewing an agreement before signing, planning a move, or responding to a demand letter, timing matters in restrictive covenant disputes. Contact Cantrell Schuette today at (877) 858-6868 or email coordinator@lawcantrell.com to schedule a consultation with a Hialeah non-compete attorney who works on both sides of these agreements.
Hialeah Non-Compete FAQs
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Are non-compete agreements enforceable in Hialeah, Florida?
Frequently, yes. Florida is among the more enforcement-friendly states, but an agreement still must satisfy the requirements of the framework that governs it, and the specific terms, the worker’s role, and the interests at stake all affect the analysis. An unenforceable agreement is also common, so review before assuming either answer.
How long can a Florida non-compete last?
Under Section 542.335, duration must be reasonable, and for most former employees restrictions of six months or less are presumed reasonable while restrictions longer than two years are presumed unreasonable. Under the CHOICE Act, qualifying agreements with covered employees can extend up to four years.
Can a court narrow an overbroad agreement?
Yes. Florida courts are directed to modify overbroad restrictions to the extent necessary to protect the legitimate business interest, rather than striking the agreement entirely. That is why an agreement being too broad rarely ends the case on its own.
Does the Florida CHOICE Act apply to every employee?
No. It applies only to covered employees above a county-based salary threshold, excludes licensed health care practitioners, and covers only qualifying agreements signed on or after its 2025 effective date that meet the statute’s notice and acknowledgment requirements. Everything else remains under Section 542.335.
Is the FTC non-compete ban in effect?
No. The rule was set aside in court, the FTC abandoned its appeals, and the rule has been removed from the federal regulations. State law controls enforceability, though the FTC retains authority to pursue individual enforcement actions.
Can my company hire someone who signed a non-compete elsewhere?
Sometimes, but carefully. Hiring a restricted worker can expose the new employer to tortious interference or trade secret claims, and under the CHOICE Act a court can enjoin the new employer as well. Reviewing the agreement before the hire is far less expensive than litigating after it.