Protect Your Business When Talent Walks with an Orlando Non-Compete Attorney
A non-compete is only worth what it can do when an employee leaves. As an Orlando, Florida non-compete attorney, Keough Law drafts covenants that hold up, enforces them when they're broken, and defends people unfairly bound by them—under both §542.335 and Florida's new CHOICE Act.
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The wrong covenant protects no one
An overbroad non-compete can be narrowed—or ignored—right when you need it most. A weak one gives you false security while a former employee walks off with your clients and know-how.
On the other side, an unfair restriction can keep a good person from earning a living. Either way, the details decide everything.
- A key employee leaves and starts poaching your clients.
- Your covenant is so broad a judge refuses to enforce it.
- You’re a new hire told you “can’t work anywhere” for years.
- You’re buying a business and need the seller to stay out.
What makes a non-compete enforceable
Under Florida Statutes §542.335, a restrictive covenant must check four boxes. We draft to meet them—and, on defense, look for the box that's missing.
A legitimate business interest
Trade secrets, confidential information, substantial client relationships, or specialized training—not just a desire to avoid competition.
A reasonable time
Restrictions must last no longer than necessary. Courts apply statutory presumptions of reasonableness based on the situation.
A reasonable geographic scope
The covered area must be tied to where the business actually competes—not the entire state by default.
A reasonable line of business
The restriction must be limited to the work that actually threatens the protected interest.
Florida's CHOICE Act
Effective July 1, 2025, the CHOICE Act gives Florida employers powerful new tools for high-earning, “covered” employees—on top of §542.335.
- Applies to covered employees earning more than twice their county’s annual mean wage.
- Permits non-compete and “garden leave” agreements of up to four years.
- Requires courts to issue a preliminary injunction against a departing covered employee.
- Shifts the burden to the employee to show the restriction shouldn’t apply.
The CHOICE Act has strict drafting and notice requirements. Getting them right is the difference between a four-year covenant a court must enforce and one that fails. We draft to qualify—and evaluate whether a covenant aimed at you actually does.
Enforcing it, or fighting it
For employers
- Draft covenants built to survive a court challenge
- Send cease-and-desist letters that get attention
- Move quickly for injunctions to stop the harm
- Pursue damages for clients and revenue lost
For employees
- Honest assessment of whether your covenant is enforceable
- Strategy to take a new role without triggering a suit
- Negotiated releases and carve-outs
- Defense if a former employer comes after you
Covenants written to work—and enforced when they must
Because we both draft and litigate restrictive covenants, we write agreements with enforcement in mind and move fast when one is broken. We'll tell you honestly where you stand before you spend a dollar fighting.
“Shaun is an intelligent and highly capable attorney. We have worked together on multiple business agreements and drawn-out negotiations; I appreciate that he thinks through each term and all the potential implications.”
Vik Shashi
Business Contracts
How we handle covenant disputes
Assess the covenant
We review the agreement, the role, and the facts—then tell you plainly how enforceable it really is.
Pick the leverage
Cease-and-desist, negotiation, or suit. We choose the move that protects your interest fastest.
Seek an injunction
When time matters, we move for an injunction to stop the harm while the case proceeds.
Resolve
Most matters settle on terms that protect the business and let everyone move forward.
Non-compete questions
Are non-compete agreements enforceable in Florida?
Yes—Florida is one of the more employer-friendly states for non-competes. Under Florida Statutes §542.335, a restrictive covenant is enforceable if it protects a legitimate business interest and is reasonable in time, geographic area, and line of business. The new CHOICE Act (effective July 1, 2025) goes further for high-earning employees.
What is the Florida CHOICE Act?
The CHOICE Act is a 2025 law that strengthens non-compete and “garden leave” agreements for covered, high-earning employees—generally those earning more than twice the annual mean wage of their Florida county. It allows covenants of up to four years and requires courts to issue a preliminary injunction against a departing covered employee, shifting the burden onto them.
What makes a non-compete unenforceable?
Common problems include no genuine legitimate business interest, an unreasonably long term, an overbroad geographic area, or restrictions far wider than the employee’s actual role. Florida courts can also “blue-pencil” an overbroad covenant—narrowing it rather than throwing it out entirely.
Can I get out of a non-compete I already signed?
Possibly. Whether a covenant binds you depends on its terms, your role, the consideration you received, and how it’s drafted. We review the agreement against §542.335 and the CHOICE Act and advise on your real exposure before you make a move that could trigger litigation.
A former employee is competing against me. What can I do?
If you have an enforceable covenant, you can send a cease-and-desist, demand they stop, and—if needed—seek a court injunction and damages. Speed matters: the sooner you act, the stronger your case for emergency relief.
Do non-competes apply when I sell my business?
Yes, and they’re often easier to enforce in that context. A buyer paying for goodwill has a strong legitimate interest in keeping the seller from immediately competing. We draft sale-related covenants to protect the value you’re paying for or receiving.
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what you've built?
Schedule a free, confidential consultation. We'll talk through your situation and figure out the right next step together.