• Derek Jeter Retires: Can He Compete?
  • October 21, 2014 | Author: Peter C. Vilmos
  • Law Firm: Burr & Forman LLP - Orlando Office
  • For two decades Yankees fans and baseball aficionados everywhere have reveled in Derek Jeter’s statesmanship and poise. Jeter exemplified leadership. Despite having played alongside several teammates embroiled in controversy, Jeter remained above the fray. He spoke with his bat. He spoke with his glove. His ability to keep his tongue spoke loudly enough for all to hear. He was, as all baseball fans know, a fierce competitor. Yankees fans around the globe imagine a day when Jeter might return to the organization. Will he coach? Will he manage? Will he run the front office?

    Jeter is not the first employee to retire after years of dedicated and valuable service. Nor is Derek Jeter a typical employee. If a professional baseball team offered Derek Jeter the job of Manager - any baseball team - Yankees fans would likely collectively say “Good for you, Captain.”

    This author is unaware of any instance in which a retiring baseball player was subject to a non-competition agreement. However not all successful retiring employees in Florida face as easy a path to continued success. Readers of this blog are well aware that under defined circumstances Florida law allows employers and employees to negotiate non-competition agreements that can restrict for a limited period of time the former employee’s future employment. Under Florida law, an employer and its employee can agree on future restrictions pertaining to location, specialty and time period. An employer and its employee can agree on what information constitutes a trade secret and on limitations to the former employee’s use of the employer’s trade secrets.

    Can you imagine the trade secrets an athlete like Derek Jeter must possess? Insight on the various pitchers throughout the league could prove invaluable to a Yankees competitor. Jeter’s insight into the Yankees organization itself could prove invaluable to a Yankees competitor. Sure, professionals throughout baseball command high salaries to possess just such insight. Professional scouts abound. Each Manager is aware of the characteristics of nearly every other player in the league. And yet how many of them has faced a 97 MPH fastball and deftly flicked it into right field with a runner in scoring position to win the game?

    It’s true, an employer and employee in Florida can agree on limitations to the employee’s future employment upon his or her departure from a current job. If you’re subject to non-competition agreement in Florida and are restricted from working in your chosen field for a period of time, you need not panic. Rumor has it that a job is now available in the Bronx. The Yankees need a shortstop.

    On the other hand, if you lack that particular talent and need legal advice on Florida non-competition agreements, make sure you call an attorney experienced in this area of the law. At Burr & Forman we have attorneys in nine offices throughout the Southeast experienced in dealing with these issues. And yes, Derek, we also need a shortstop...