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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