It is becoming more common for employers to require potential employees to sign employment contracts which contain language regarding an employer's trade secrets. For many years different courts construed non-compete agreements containing trade secret provisions differently. Later, the Florida Legislature enacted Florida statute 688.001-688.009 in 1988 entitled the Uniform Trade Secrets Act. Generally speaking, the statute allows an employer to sue a former employee for misappropriating, using or threatening the disclosure of trade secrets of the employer. The Florida Legislature broadly defined the term "trade secret" to mean information, including a formula, pattern, compilation, program, device, method, technique, or process that the employer uses reasonable efforts to maintain its secrecy and has independent value. Florida statute 688.003 allows an employer to sue the former employee in court and obtain an injunction against the former employee. This section is unique in that it allows a court to compel a party to perform "affirmative acts to protect a trade secret" which traditional case law does not allow. Long-standing case law regarding injunctive relief provided that a court cannot compel future acts only can maintain the status quo. Florida statute 680.004 allows for the recovery of actual damages sustained by an employer. The recovery can be for actual losses or under an equitable theory of unjust enrichment. If the use of an employer's trade secrets was willful and malicious, this statute allows for the court to award exemplary damages or damages up to twice the value of actual damages. Attorney’s fees can be recovered under this statute, specifically Florida Statute 688.005, if the misappropriation was made in bad faith, the motion to terminate the injunction was made in bad faith or willful and malicious misappropriation exists. There is a three-year statute of limitations under Florida statute 688.007.
