"Extraordinary or Specialized Training"--As a "Legitimate Business Interest"--In Restrictive Covenant Employment Law: Florida and National Perspectives

Authors

Frank J. Cavico, Nova Southeastern University

First Page

53

Document Type

Article

Abstract

The purpose of this article is to examine Florida statutory law and case law, as well as the law from other jurisdictions, that govern restrictive covenants which arise in the employment relationship. The analysis will center on the critical legal element essential to uphold and enforce a covenant not to compete - the "legitimate business interest" requirement. In particular, this article will focus on one important, yet perplexing, aspect thereto - the level and extent of training and/or education necessary to achieve such a protected "interest." The relevant part of the Florida restrictive covenant statute and all Florida court decisions pertaining to the statute will be examined in order to ascertain the problems involved in statutory construction, and to attempt to discern the intended meaning of key statutory terms, such as "legitimate business interest" and "extraordinary or specialized training." Decisions from other jurisdictions will also be examined in order to help clarify the intended meaning of the Florida statutory language. The court rulings, moreover, will serve to summarize the legal tests, requirements, and standards in this field of employment law. Recommendations to employers and employees will be offered, as well as concluding comments as to the legal efficacy and moral propriety of the restrictive covenant in the particular employment context scrutinized.

Recommended Citation

Frank J. Cavico, "Extraordinary or Specialized Training"--As a "Legitimate Business Interest"--In Restrictive Covenant Employment Law: Florida and National Perspectives, 14 St. Thomas L. Rev. 53 (2001).
Available at: https://scholarship.stu.edu/stlr/vol14/iss1/6