Enforceability of Restrictive Covenants for Out-of-State Employees

Courts generally respect the parties’ agreement about which state’s law will govern a contract. However, in employment agreements involving restrictive covenants, courts may require that the chosen state has a relationship to the parties and that the laws of the foreign state do not violate the public policies of the forum state due to concerns about unequal bargaining power. Florida’s statute governing covenants not to compete is generally considered more employer-friendly than that of many other states. The statute expressly provides that “courts shall construe a restrictive covenant in favor of providing reasonable protection to all legitimate business interests established by the person

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