example of a case from Florida statute 542.335

Expert Solution

One of the example of a case from florida statute 542.335 is Allied Universal Corp vs Given 42 FLA.L Weekly D631a

This case deals with the agreement related to non disclosure and non solicitation, which is required to be signed by the employee's of any firm or Company. For example companies like KFC and Domino's which have their own secret recepies, which requires the employee's to sign non-disclosure agreement.

now in the present case

Facts

There was a water treatment chemical plant in which the distribution and manufacture of water chemicals is done for this purpose employee was hired by the employer. The training was given to the employee and he was given major details such as the cost of the production, list of the customers and also the marketing information, the non compete agreement was formed in which it was said that the employee would not compete with the employer for a period of 18 months after leaving the firm and would also not compete with the employer within a radius of 150 mile of any of the employers facility. The employee left the Company to work for another company after leaving who was a competitor. The employer moved to the Court for the grant of Injunction for the enforcement of non compete agreement.

Held

In this case the Trial Court denied the grant of preliminary injunction against the employee.

However in Appeal the decision of Trial Court got reversed finding that the trial court has abused the discretion which is provided to it.

Non Compete Agreements are there in the florida statute for protecting the business interests. If there is any breach of non compete clause due to which the relationship of the employers gets affected with the customers and affects the goodwill of the Company, in such cases injunction must be granted.

The object behind this non compete clause is that employers don't want that employees get to know the trade secrets and learn the business, as if they will learn they will compete with employers itself.

Rahul Sunny answered 2 years ago

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