ONE MORE REASON FOR A NONCOMPETE AGREEMENT — INEVITABLE DISCLOSURE DOCTRINE

A noncompete agreement is a standard business agreement to prevent a former employee from competing against you upon his departure from the company. When such an agreement is not in place, employers have to scramble for a solution to prevent the former employee from disclosing confidential information to the new employer. In particular, litigators are using the inevitable disclosure doctrine to stop the former employee from working for the competitor because confidential information will inevitably be disclosed. Across the country, and in Florida, courts are reluctant to apply this doctrine unless there is some bad faith conduct. Prevailing under this theory is unlikely and it should be used when there is no noncompete agreement in place.

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