Miami Labor & Employment Dispute Attorney
Alhalel Law provides practical advice and professional representation to Miami employers and company executives to successfully resolve labor and employment law matters, including non-solicitation/non-compete cases and overtime wage claims. Labor and employment disputes can disrupt a company’s productivity, dominate an executive’s time and energy, and prove costly when the matter involves a highly-placed executive or a class-action of wage earners. Let Alhalel Law provide practical, strategic advice and representation to resolve your Miami labor & employment law litigation efficiently and effectively.
Non-Compete and Non-Solicitation Cases
Some companies insert non-compete clauses in their employment agreements or have employees sign separate non-compete agreements as a condition of their employment. The purpose of these agreements is to prevent an employee from leaving the company and engaging in direct competition after learning company secrets and methods or receiving all the training and experience necessary to compete against the business. Employees, for their part, want the ability to sell their services to a competing business or go into business for themselves if they see it in their best interests.
Courts generally disfavor non-compete agreements as unfairly restricting individual freedom. In Florida, courts will uphold covenants not to compete to the extent they are reasonable and justified. To be enforced in court as valid, the non-compete clause or agreement should be reasonably limited in its duration, geographical coverage area, and the scope of activities it prohibits. The employer would also bear the burden of proving that the covenant was necessary to protect trade secrets, customer relationships, or meet some other legitimate business need.
Alhalel Law litigates disputes surrounding the validity and enforceability of non-compete agreements, as well as related agreements such as non-solicitation agreements and clauses, non-disclosure agreements and confidentiality agreements. Non-solicitation agreements are meant to keep a former employee from poaching the company’s customers or recruiting other employees to leave the company and work for a competing business. Non-disclosure agreements and confidentiality agreements protect a company’s trade secrets and other valuable proprietary information. In addition to drafting agreements that are reasonably limited in their scope, companies must also take active steps to protect their confidential information and maintain its confidentiality in order to be successful in litigation over the validity and enforceability of a confidentiality clause or non-disclosure agreement.
Employment agreements might provide for termination for cause or a number of listed causes, or it might be silent on grounds for termination. Violation of the terms of the agreement may nevertheless provide the necessary grounds for termination. Employment agreements are bound by the principles of contract law, and a disputed termination could wind up in court as either a breach of contract dispute or a wrongful discharge tort alleging bad faith or other misconduct. Alhalel Law is experienced in litigating complex contractual provisions as well as civil tort claims in a variety of settings, including in the field of corporate and commercial law.
Absent the presence of a valid employment agreement, most workers are considered “at-will” employees who can be fired at any time or quit at any time without cause. Even at-will employees, however, are protected from wrongful termination based on unlawful discrimination under Title VII, the Americans with Disabilities Act, the Florida Civil Rights Act, and numerous other laws. Workers are also protected from discharge in retaliation for reporting workplace safety violations, complaining about discrimination, harassment or working conditions to the employer or a government agency, or participating in a workplace investigation.
Companies with at-will workers must also pay attention to internal company documents such as handbooks, written policies or even customary practices that might create a contractual relationship or grant employment rights that transform the relationship to one that is no longer at-will. Alhalel Law will take a close look at the facts in dispute, advise you on the applicable law, and craft a legal strategy that protects your rights and promotes your best interests
Efficient and Effective Resolution of Labor & Employment Disputes in Miami
For help with a labor and employment dispute in Miami, call Alhalel Law for a complimentary case review to find out how we can be of assistance in resolving your employment matter.