Fort Lauderdale Non-Compete Clause Attorney

A non-compete clause is a restrictive covenant in a contract that requires one party (usually an employee) to refrain from competing against the other party (usually an employer) for a pre-specified period of time. Before signing a non-compete agreement, it is imperative that employees have a full understanding of their obligations and duties under the terms of the contract.

Unlike some other U.S. states, non-compete clauses are legal in Florida. That being said, Florida courts are still somewhat skeptical of all restraints of trade or commerce. Non-compete clauses must meet certain strict legal standards in order to be enforced. If you have already signed a non-compete agreement, it may not be enforceable in Florida.

Mark J. Berkowitz is an experienced Fort Lauderdale non-compete clause attorney. For over thirty years, Mr. Berkowitz has successfully assisted workers in South Florida with a wide range of employment & labor law issues, including the drafting and negotiating non-compete agreements as well as non-compete clause litigation. If you have any questions or concerns about non-compete clauses, please do not hesitate to contact our Fort Lauderdale law office today for immediate legal guidance.

When are Non-Compete Agreements ‘Unenforceable’ in Florida?

If you signed a non-compete provision in Fort Lauderdale, this aspect of your employment contract is generally governed by state law (Florida Statute 542.335). This statute outlines the specific requirements that non-compete provisions must conform to in order to be legally valid in our state. Specifically, a non-compete agreement is only enforceable in Florida if the court deems it to be:

  • Reasonable in duration;
  • Reasonable in geographic area; and
  • Reasonable in area of business.

By law, non-compete agreements must be relatively narrow. Companies must demonstrate that they have a legitimate business interest in enforcing the provision, and that the specifics of the non-compete clause are reasonably narrow. While Florida courts will certainly enforce non-compete agreements when appropriate, any non-compete clause that is too broad or too restrictive can be thrown out. It is important to remember that just because you signed an employment agreement with a non-compete clause, this does not mean that the non-compete is actually valid.

Non-Compete Litigation: Employees Must Be Proactive

In regards to non-compete agreement litigation, employees must take very quick action to protect their rights. The reason for this is that Florida employers typically will move for a temporary injunction at the beginning of the litigation process. In other words, the employer (the plaintiff) will seek a restraining order that can be used to prevent the employee (the defendant) from accepting another position with a competitor or engaging in a competing business. If granted, this injunction will bar the employee from working. If a company is attempting to enforce a non-compete against you, it is crucial that you consult with a Fort Lauderdale non compete lawyer who can protect your rights.


Our Skilled Attorneys

Why Choose Mark J. Berkowitz, P.A.

Our law firm has a proven track record of success in handling a wide range of employment law and labor law claims. No matter the specific circumstances of your case, Fort Lauderdale non-compete clause lawyer Mark J. Berkowitz is ready to help you get the very best results. We have experience:

  • Drafting non-compete agreements;
  • Reviewing non-compete contracts;
  • Negotiating the terms of non-compete clauses; and
  • Litigating non-compete agreements.

When you hire our law firm, we will take the time necessary to truly understand the nature of your case and to understand your interests and objectives. In some cases, aggressive litigation will be required to protect your rights. In other cases, working towards a settlement may be the best option. Regardless, we will always give you the fully individualized attention that your case deserves. If you are an employee or independent contractor in Florida, and you have questions about the validity of a non-compete agreement, or if you are already involved in a dispute over a non-compete provision, you should contact an experienced Fort Lauderdale employment law attorney immediately.

Contact Our Fort Lauderdale
Non-Compete Clause Lawyer Today

At the office of Mark J. Berkowitz, P.A., our law firm focuses on handling labor and employment law matters. We have extensive experience handling claims involving non-compete agreements. If you need help drafting, reviewing, negotiating, or litigating a non-compete clause, we are here to offer you top legal support.

To arrange a fully confidential initial consultation, please do not hesitate to contact us today. From our office in Fort Lauderdale, we represent workers throughout Broward County, FL, including in Hollywood, Pompano Beach, Deerfield Beach, Boca Raton, and Plantation.

Awards & Accolades

Mark J. Berkowitz has been practicing labor and employment law for more than 20 years in the Fort Lauderdale area. He can advise you on non-compete agreements, employment contracts, and other employment related issues.


“From the minute I sat down with Mark Berkowitz, he demonstrated experience and professionalism. He has always given me excellent advice. I would highly recommend Mark for any legal issues involving labor disputes.”

Johnnie DixonGoogle Review

“Mr. Berkowitz has exceptional knowledge of the law. He is very bright with a great legal mind. Mr. Berkowitz is effective and gets the results of the law. Also you can't meet a nicer person.”

H. SiegelGoogle Review

“Mark Berkowitz is a exceptional labor law attorney with excellent communication skills. He accepted my case while no other attorney wanted to deal with the federal government. With his knowledge and persistence I was able to receive the accomindation I needed to be able to continue working. Mark Berkowitz is not just my attorney, but a friend that has my back whenever I call him.”

Andres ReyGoogle Review