Well-drafted employment contracts—for employees and independent contractors—are essential for protecting your Florida business or nonprofit organization and your workers. A clear and legally compliant agreement can prevent costly disputes. We are employment contract attorneys who represent businesses and nonprofit organizations. We help employers create, review, and refine workplace contracts to reflect their goals and meet legal requirements under Florida and federal law.
For many hires, the contract can be as simple as an offer letter which the employee signs and returns to the office with a confirmation that the employee read and understands the employee handbook. We will partner with you to draft clear enforceable offer letters and employee handbooks.
For other employees, a comprehensive employment contract should be used to clearly define the essential terms of the working relationship including job title and duties, compensation and benefits, work schedule, restrictions during and after employment, dispute resolution, confidentiality, proprietary information, trade secrets, and protection of relationships with clients, employees, and referral sources.
To effectively draft and review a Florida employment contract requires knowledge and consideration of federal, state, and local laws including constitutional and statutory provisions, municipal charters and ordinances, and administrative agency rules and regulations. It also requires knowledge of a diverse area of law including:
- employment and labor law;
- contract law;
- wage and hour law;
- civil rights and discrimination law;
- restrictive covenants, trade secrets and intellectual property law; and
- benefits and leave law.
In preparing or reviewing an employment contract, we help you anticipate risks and safeguard your business.
Key Contract Areas Reviewed and Drafted
- Noncompete Clauses and Other Restrictive Covenants
Often noncompete clauses and other post-employment restrictions are drafted broadly in an attempt to cast a wide net over a geographic area and industry. This may or may not be enforceable. It is important to understand whether the restrictive covenant language in your employment contract is enforceable in whole, in part, or not at all. We can explain whether the language is potentially enforceable and, if so, under what circumstances. We can also help you rewrite the contract to protect your legitimate business interests and strengthen the likelihood of enforcement.
- At-will Employment v. Termination for Cause
Florida is an at-will employment state. In most cases, hiring at-will is the safest legal position for an employer. Sometimes, hiring the right person requires providing an assurance that employment will be for a fixed term or not be terminated without advance notice or cause. Traditional labor law views “for cause” as requiring extreme misconduct or inability to perform. But a contract can be drafted to define “for cause” in a broader way that is inclusive of lesser misconduct and unsatisfactory performance. We can help you draft language which will allow you to offer a new hire job security while protecting your operational interests.
- Compensation and Benefits
Beyond salary, the employment contract may include leave time, bonuses, equity grants, deferred compensation, or health and retirement benefits. There are legal considerations for the determination of benefit eligibility, accrual, and payout upon separation. Sometimes employers tie bonuses (or continued employment) to performance metrics or employer approval. While this sounds straightforward, consideration should be given to whether the employer’s retention of discretion in distributing benefits might lead to otherwise avoidable claims of biased and illegal discrimination. Legal review by an attorney helps ensure that performance standards are clearly defined and achievable and managerial discretion does not lead to unfair and disparate outcomes among employees.
- Arbitration Clauses
Some contracts require disputes to be resolved through arbitration rather than the courts. Employers often favor arbitration for its privacy, expediency, and reduced cost. Arbitration also limits the employee’s ability to take certain claims to a jury, to receive certain remedies, and to appeal. However, unlike judges, arbitrators are not bound by the facts and law. We are experienced arbitration attorneys who can explain how arbitration works and the factors you might consider in choosing arbitration for dispute resolution.
Contact Us
For more information on our services, please contact Paul Donnelly or Laura Gross.