Though there has been a recent trend in the Court to not enforce non-compete clauses that are incorporated in employment contracts, a recent ruling from the 4th District Court of Appeals (“DCA”) in December went against it. In Mederi Caretenders Visiting Services of Southeast Florida, LLC and Almost Family, Inc. v. Elizabeth White, Nos. 4D14-488 and 4D14-2460 (December 2, 2015), the 4th DCA held that referral sources are protectable legitimate interests and that an employment contract containing non-compete and non-solicitation provisions were enforceable.
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