In Florida, non-compete agreements are enforceable, if they are reasonable in scope, duration, and geographical area, and protect legitimate business interests such as trade secrets, client relationships, or confidential information. But what happens when a former employee violates that agreement?

If a Florida employer suspects or confirms a violation, swift and strategic action is key. Here is a guide on what employers should do to protect their interests. Here are five (5) actions to consider in order to protect the business:

1. Review the Non-Compete Agreement for Enforceability. Before taking action, carefully review the non-compete agreement: (1) was it signed voluntarily and properly executed?; (2) does it comply with Florida Statutes § 542.335, which governs restrictive covenants?; and (3) is it reasonable in terms of time (typically 6 months to 2 years), geographic scope, and restricted activities?  Employers are entitled to enforce non-compete agreements because they have legitimate business interests under Florida law, including but not limited to: trade secrets and other proprietary information; (2) valuable confidential business or professional information; (3) substantial relationships with specific prospective or existing customers, clients, or patients; (4) goodwill associated with a brand, trade name, geographic location, or marketing area; and (5) specialized training provided by the employer.  Also, confirm that the former employee’s new activities truly violate the terms (e.g., working for a direct competitor or soliciting your customers).
2. Gather Evidence of the Violation. A concerned employer should start documenting proof of the violation(s).  Some examples include: (1) employment records or online profiles (e.g., LinkedIn) showing the employee’s new role; (2) communications from clients indicating contact with the former employee; (3) internal reports or staff statements confirming solicitation or competitive activity; (4) computer and email records showing the activity of the employee before leaving the employer.   The burden of proof is on the employer, so solid documentation is essential for enforcement.
3. Send a Cease-and-Desist Letter. A formal cease-and-desist letter should be your first action. This letter, typically drafted by your attorney, will: (1) cite the specific terms of the agreement being violated; (2) demand that the former employee stop the prohibited conduct; and (3) warn of the potential legal consequences if their conduct continues.  In many cases, this alone can stop the conduct—especially if the former employee or their new employer was unaware of the agreement’s enforceability.  The employer should send another copy of the signed Non-Compete Agreement with the Letter.
4. Send a Letter to the Former Employee’s New Company. A formal letter (via certified mail or personal delivery) can be sent to the former employee’s new employer to advise them that their new employee has a Non-Compete Agreement, and that he/she is expected to comply with their legal obligations.  Sending a copy of the Employee’s Non-Compete Agreement will ensure that they are fully aware of the situation.  If the new employer knew about the non-compete and encouraged the violation, you may also have a claim for tortious interference with a contractual relationship.  This type of claim can result in damages and can create pressure for the new employer to end their relationship with your former employee.
5. Consider Legal Action: Seek Injunctive Relief. If the cease-and-desist letter doesn’t work, the next step is to file a lawsuit seeking injunctive relief. Florida courts can issue a temporary or permanent injunction to stop an employee from continuing to violate the agreement and to prevent further harm to your business.  Your employment attorney will need to initiate legal action to seek this relief.  Florida law favors enforcing reasonable non-compete agreements, especially when employers act quickly to prevent irreparable harm.

Final Thoughts: Non-compete violations can cause irreparable harm to a business when it threatens customer relationships, trade secrets, and your competitive edge. Florida law offers strong protections for employers but only if the agreements are valid, violations can be proven and it is properly enforced. When a violation occurs, employers don’t delay. Review the agreement, document the breach, and consult with a Florida employment attorney to determine the best course of action. With the right strategy, you can protect your business and hold those that violate these agreements accountable.