Your employment contract is one of the most important documents in your career. It usually defines your compensation and benefits, work schedule, work duties and responsibilities, what you cannot do during your employment, what you cannot do after you leave your employment, and even who owns the ideas you create. It is important to understand the long-term legal consequences of your employment contract.
Florida employment contracts for physicians, healthcare providers, executives, and other professionals are governed by federal, state, and local laws including constitutional and statutory provisions, municipal charters and ordinances, and administrative agency rules and regulations.
Effective employment contract review also requires knowledge and consideration of:
- 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 reviewing an employment contract, we do not just look at the paperwork, we help you anticipate risks, negotiate better terms, and safeguard your career.
Key Contract Areas We Often Review
- Noncompete Clauses and Other Restrictive Covenants
Noncompete and non-solicitation restrictions can dramatically impact your future employment opportunities. Often these post-employment restrictions are drafted broadly in an attempt to cast a wide net over a geographic area and industry. Some limit the companies you can work for in the future and the length of time you must wait before re-entering your industry and chosen profession. We can tell you whether the language in your employment contract, as applied to your situation, is likely to be enforceable under Florida employment law and whether you have room to negotiate. While noncompete restrictions are enforceable in Florida, contract language is often not enforceable as broadly as it might appear. Florida statutory law also voids certain noncompete restrictions as applied to physicians, based on public policy which seeks to improve patient access to physicians and reduce healthcare costs.
- At-will Employment
Florida is an at-will employment state, but professionals often receive contracts that modify or override this generalization. Understanding whether you are at-will or under a true fixed-term contract that requires cause for termination can affect everything from severance eligibility to your bargaining power if you are asked to resign.
- Termination for Cause
Many employees believe that “for cause” termination requires extreme misconduct. In reality, employment contracts often define “cause” more broadly, allowing the employer to end the relationship under vaguely described and unanticipated circumstances. We can help you identify whether those definitions put you at unnecessary risk and suggest revisions to provide stronger security.
- Compensation and Benefits
Beyond salary, your contract may include bonuses, equity grants, deferred compensation, or health and retirement benefits. These are often subject to performance metrics or employer approval. We can help you verify that the language is enforceable, clear, and fair.
- Performance Metrics
Tying bonuses or continued employment to performance sounds straightforward. But the metrics themselves may be unrealistic, vague, or subject to unilateral change. Legal review by an attorney helps ensure that performance standards are clearly defined and achievable.
- Arbitration Clauses
Some contracts require disputes to be resolved through arbitration rather than the courts. Arbitration limits your ability to have claims decided by a jury, receive certain remedies, and appeal. Unlike judges, arbitrators are not bound by the facts and law. We can explain how arbitration might affect you.
- Intellectual Property (IP)
If you develop ideas, inventions, or strategies in your role, your contract may give your employer ownership of them, sometimes even ideas that you create on your own time. For professionals in tech, biotech, finance, or creative industries, these clauses can have far-reaching consequences. Legal review can help protect your rights to your own intellectual property.
- Professional Liability (Malpractice) Insurance for Physicians & Healthcare Providers
Most employers pay for malpractice insurance. If you are an independent contractor or if you provide services to more than one entity, you may be obtaining and paying for your own coverage. This is a significant expense. Also, some policies require tail insurance (Extended Reporting Period or ERP coverage). “Occurrence” policies do not require tail insurance whereas “claims made” policies do. When tail insurance is required, your contract should specify who pays for that coverage. Your responsibility for tail coverage may depend on the length of your employment and the circumstances under which you leave employment. Tail coverage is a significant responsibility worthy of deliberate attention.
Contact Us
For more information on our services, please contact Paul Donnelly or Laura Gross.