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Apparently for employers a significant benefit is that it actually requires courts to issue an injunction against the covered employee. The injunction in turn
by pseudolus 1y ago
Apparently for employers a significant benefit is that it actually requires courts to issue an injunction against the covered employee.
The injunction in turn can only be modified or dissolved if the covered employee – or prospective employer – proves by clear and convincing evidence (which must be based on non-confidential information) that:
the employee will not perform similar work during the restricted period or use confidential information or customer relationships;
the employer failed to pay the salary or benefits required under a covered garden leave agreement, or failed to provide consideration for a non-compete agreement, after the employee provided a “reasonable opportunity” to cure the failure; or
the prospective employer is not engaged in (or preparing to engage in) a similar business as the covered employer within the restricted territory.[0]
The "clear and convincing standard" (which is an intermediate burden of proof between the standard civil "balance of probabilities" and the strict "beyond a reasonable doubt" standard) coupled with the requirement of providing only non-confidential information to oppose the injunction will likely make this a slam dunk for employers.
[0] https://www.fisherphillips.com/en/news-insights/florida-enforcing-non-compete-agreements.html https://www.fisherphillips.com/en/news-insights/florida-enfo...
- oooyay 1y ago> the employer failed to pay the salary or benefits required under a covered garden leave agreement, or failed to provide consideration for a non-compete agreement, after the employee provided a “reasonable opportunity” to cure the failure; or Do I understand this correctly - they're expanding non-competes to 4 years and you have to be paid full compensation during that time or the agreement is nullified?
- pseudolus 1y agoThat appears to be a correct reading. The issue, apparently, is that you're only paid your base compensation. If a large portion of your total compensation is based on bonuses or equity grants, as is frequently the case in finance and tech, you're out of luck.
- oooyay 1y agoah, there's the catch. I feel like garden leave should extend your employment so things like stock continue to vest while you're on it.