An employer who seeks to enforce a non-compete clause against a former employee in Florida may seek injunctive relief and, depending on whether diversity jurisdiction exists, must decide whether to file in federal or state court. Florida’s non-compete statute provides strong protection for an employer’s legitimate business interests and applies whichever venue is selected. But, following a 2015 unpublished Eleventh Circuit case, the outcome at the injunctive stage may be different in federal court.
Click here to read the full article, originally published in the September 2021 issue of the Florida Bar Labor & Employment Law Section’s publication The Checkoff. Reprinted with permission.