Protecting Your Business After a Key Employee Leaves: How the CHOICE Act Strengthens Your Legal Options

When a trusted employee leaves your business, especially for a competitor—the risks can be significant. Relationships, trade secrets, and internal systems built over years can walk out the door in an instant.

Thankfully, Florida’s new CHOICE Act (Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act), set to take effect July 1, 2025, gives employers stronger tools to protect what they’ve built.

Why Employee Departures Pose Real Risk

Key employees often have deep knowledge of your operations, pricing, vendors, and client relationships. Without proper safeguards, their departure can lead to:

• Loss of long-term clients
• Leaked proprietary processes or trade secrets
• Poaching of other team members
• Unfair competition from a well-informed rival

Non-compete agreements are one of the most effective ways to prevent this—but only when they’re current and enforceable.

What the CHOICE Act Changes

Florida law already allowed non-compete agreements, but the CHOICE Act significantly strengthens their reach:

• Increased duration: You can now restrict former employees from working with competitors for up to four years, doubling the prior two-year limit.
• Easier enforcement: Courts no longer require proof of actual harm—a credible threat to your business is enough to justify enforcement.
• Garden leave is now enforceable: You can require a departing employee to sit out during a notice period while still being paid, creating a smoother and more protective offboarding.

These changes give employers more time and leverage to protect sensitive business interests after a key departure.

How to Protect Your Business Now

Here are three steps Florida business owners should take immediately:

1. Audit Your Current Agreements
   Most non-competes drafted before 2025 won’t reflect the full strength of the new law. Outdated terms may leave you exposed.
2. Update Agreements for High-Risk Roles
   Focus on leadership, sales, operations, and any role with access to strategic data or client relationships.
3. Consider Using Garden Leave Provisions
   For senior staff, these clauses can offer added protection while minimizing conflict.

The Frazer Firm Is Here to Help

We help Florida businesses strengthen their employment agreements to match today’s legal realities. If you haven’t updated your non-competes recently—or if you’re not using them at all—now is the time. 👉 Schedule a Consultation