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54 S.W. Boca Raton Boulevard  |  Boca Raton, FL 33432  |  info@hswlawgroup.com  |  561.810.1600

September 26, 2017

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Florida Supreme Court applies Covenants not to Compete to Home Healthcare

September 15, 2017

White v. Mederi Caretenders Visiting Services of Southeast Florida, LLC, SC16-28, SC16-400

 

Home health referral sources can be a protected legitimate business interest under Fla. Stat. 542.335. In these two cases consolidated for review before the Supreme Court, both Employees were former employees of licensed home health care companies. Both Employees engaged in conduct in violation of their non-compete compliment contracts by working for direct competitors of their prior employers within the non-compete territories during the relevant periods. Because a contract providing restrictions on competition must involve a legitimate business interest as defined by statute to be enforceable, at issue was whether home health service referral sources can be a protected legitimate business interest under section 542.335 sufficient to support a restriction on competition in a contract. The Supreme Court held that home health service referrals may be a protected legitimate business interest depending on the context and proof adduced. - Justia

 

Please call our office if you would like to discuss the implications of this or any other matter with our labor and employment law specialist, partner Jon Stage, Esq., at 561-810-1600. 

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