On September 14, 2017, the Florida Supreme Court, in White v. Mederi Caretenders Visiting Services of Southeast Florida, LLC, 226 So. 3d 774( Fla. 2017), issued an opinion affecting the enforcement of noncompete agreements under section 542.335, Florida Statutes, which governs restrictive covenants. Resolving a |
split between the Fourth and Fifth Districts involving the scope of protections provided to plaintiffs seeking to enforce noncompete agreements based on legitimate business interests, the Court interpreted section 542.335 as protecting |
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because the statute protects“ a plethora of protected legitimate business interests far beyond those explicitly listed” in section 542.335,“ courts must engage in fact- and industry-specific determinations when construing non-enumerated interests.”
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interests beyond those specifically identified in the statutory language.
The decision was the result of a consolidated appeal involving two cases. Both lawsuits were initiated by home health care agencies suing former employees for
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