Quick Facts — Employment Contract Lawyers (Florida)

What is a Florida Employment Contract?

A Florida employment contract is a legally binding document that is executed between an employer and an employee. This agreement serves as the framework for the business relationship by laying out the specific rights and obligations of both parties. Employment contracts are most commonly used when hiring high level permanent employees, but can also be used when hiring temporary employees, contractors, and subcontractors.

Florida is an “at-will” employment state. This means that without a contract, employers are free to fire employees at any time without cause or reason as long as the termination of employment doesn’t violate any laws. An employment contract can override “at-will” employment by defining reasons or causes for termination.

Are Employment Contracts Enforceable in Florida?

Employment contracts are legally enforceable in Florida. If either party – the employer or the employee violate the terms of the contract, the damaged party can pursue legal action for breach of contract.

Unlike some states, Florida will also enforce restrictive employment contracts like non-compete agreements. Non-compete agreements can be a clause within an employment contract or a stand-alone contract. This agreement prohibits an employee from working for competitors or using trade secrets to start a competing business.

Non-compete agreements must be the following standards to be enforceable in Florida:

  • The contract must be in writing
  • It must protect a legitimate business interest like trade secrets or customer lists
  • The agreement must be reasonable in regard to term length and geographic boundaries

What Are the Legal Requirements for Florida Employment Contracts?

Under Florida labor laws, for an employment contract to be enforceable it must meet the following legal requirements:

  1. Clear intent. There needs to be a clear indication that the parties had the intention to be bound by the terms of the contract. This can easily be shown with an express contract that is in writing and signed but may be more difficult to show when dealing with an oral contract.
  2. Definite terms. The terms of the contract must be clear to be enforced. Like most contracts, overly ambiguous terms cannot be enforced.
  3. Consideration. Consideration is a main element of all contracts, and it means that something of value is promised by one party to the other in exchange for something. For the purposes of an employment contract, consideration can be the employee’s promise to complete their job duties in exchange for their salary.

Florida will recognize both written and oral employment contracts but to avoid confusion and legal issues, it is best if the employment contract is in writing and signed by both parties.

Types of Florida Employment Contracts

Employment contracts come in many forms based on the type of work the company does or the type of employee being hired to complete the job. Some employment contracts include restrictive covenants and sometimes these contracts are signed separately.

Some common types of Florida employment contracts include:

  • Permanent employment contract. Used by a company to hire a permanent employee with regular hours and an hourly wage or salary
  • Fixed term employment contract. Used when hiring employees who will only work for a specific period of time or to complete a specific job
  • Freelance agreement. Used when a company hires a contractor or a freelance worker who is not an employee of the company but will be completing work for the company
  • Subcontractor agreement. Used by a contractor who needs to hire another contractor to complete a job for a company.
  • Non-disclosure agreement (NDA). A restrictive contract that prevents the employee from releasing valuable information about the business
  • Non-compete agreement. Protects the employer by limiting the employee from working for competitors or creating a competing business

Frequently Asked Questions

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How much does it cost to hire a lawyer to draft an employment contract in Florida?
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Michigan Employment Contract from Michigan Review
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California Employment Contract Review Review
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Maryland Existing Employee asked to sign NDA, IP assignment and non-disparagement agreement Review
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Tennessee Review employee agreement Review
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Illinois Employment contract review and negotiation Drafting
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Oklahoma review dental employment contract Review
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Steven S. on ContractsCounsel
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Steven S.

Attorney
Free Consultation
New York; Florida
45 Yrs Experience
Licensed in FL NY
New York Law School

Steven Stark has more than 35 years of experience in business and commercial law representing start-ups as well as large and small companies spanning a wide variety of industries. Steven has provided winning strategies, valuable advice, and highly effective counsel on legal issues in the areas of Business Entity Formation and Organization, Drafting Key Business Contracts, Trademark and Copyright Registration, Independent Contractor Relationships, and Website Compliance, including Terms and Privacy Policies. Steven has also served as General Counsel for companies providing software development, financial services, digital marketing, and eCommerce platforms. Steven’s tactical business and client focused approach to drafting contracts, polices and corporate documents results in favorable outcomes at a fraction of the typical legal cost to his clients. Steven received his Juris Doctor degree at New York Law School and his Bachelor of Business Administration degree at Hofstra University.

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Fabian G.

Managing Attorney at GV LAW
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Miami, Florida
5 Yrs Experience
Licensed in FL
University of Miami School of Law

Fabian Garcia Villanueva is the Managing Attorney and Founder of GV Law PLLC, a premier boutique law firm delivering Big Law level representation to clients across corporate, transactional, and regulatory matters. At GV Law, Mr. Garcia leads a multidisciplinary team that advises business owners, investors, and professionals on complex transactions, strategic growth initiatives, and compliance across multiple sectors including healthcare, finance, real estate, technology, and international business. The firm handles everything from business formations and cross-border transactions to mergers and acquisitions, private offerings, commercial agreements, and ongoing legal operations support. Known for precision, strategic thinking, and relentless attention to detail, Mr. Garcia brings the rigor of top-tier law firms into a modern, agile practice. GV Law’s clients include emerging ventures, established corporations, and high-net-worth individuals seeking first-class legal partnership built on trust, efficiency, and results.

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Sean F.

Lawyer
Free Consultation
Ft. Lauderdale
12 Yrs Experience
Licensed in FL
NSU Shepard Broad College of Law

Mr. Foo represents clients on various employment matters, including wage and hour issues (i.e., overtime and minimum wage claims) as well as preparation of employment documents such as handbooks, employment contracts, and general workplace policies and procedures. Mr. Foo is admitted to practice in the U.S. Eleventh Circuit Court of Appeals, U.S. District Courts for the Middle and Southern Districts of Florida, and all state courts in Florida.

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Venus C.

Principal Attorney
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West Palm Beach, Florida
22 Yrs Experience
Licensed in FL
Nova Southeastern University, Shepard Broad College of Law, J.D., magna cum laude

Venus Caruso is a Florida-based attorney who has been helping companies and individuals with their contract needs for over two decades. She leverages her 10 years spent as a complex commercial litigator and 7 years spent as in-house legal counsel to help clients with their contract needs, whether it’s preparing a contract or providing feedback and redlining. Some types of contracts that Venus can help you with include NDAs, digital agency agreements, marketing agreements, employment agreements, Florida LLC operating agreements, software development agreements, non-competition and non-solicitation agreements, non-circumvention agreements, sales rep agreements, software agreements, SaaS agreements, contract amendments, and termination of contract agreements.

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Erik W.

Attorney
Free Consultation
Orlando, Florida
16 Yrs Experience
Licensed in FL
Florida A&M University College of Law

Erik J. Washington completed his undergraduate studies at Florida A&M University, where he earned his Bachelor of Science degree in Business Administration with a concentration in Finance. Mr. Washington went on to earn his Juris Doctor from Florida A&M University College of Law. Upon receiving his J.D., Mr. Washington was admitted to The Florida Bar and the United States District Court, Middle District of Florida. Mr. Washington started his legal career by working with a boutique Orlando law firm where his practice concentrated on family law, bankruptcy, helping clients with estate planning and probate matters, and advising homeowner’s association boards on proper administration. After that experience Mr. Washington later joined another mid-size Orlando law firm where he would eventually become the Managing Consumer Bankruptcy Attorney where he oversaw the filing and administration of hundreds of chapter 7 and chapter 13 cases. Prior to starting the Washington Law Firm, Mr. Washington was an associate at a Central Florida Bankruptcy law firm working under the tutu ledge of a highly respected bankruptcy attorney with over 20 years of bankruptcy experience. Mr. Washington has learned that bankruptcy is a tool designed that not only benefits a person in debt but is also good for the economy as a whole. It is because this new beginning and fresh start that it becomes a means of not only helping a person in debt, but it gives that person once in debt the chance to reestablish good credit and yet again borrow money to spend. Mr. Washington focuses on consumer bankruptcy, real estate, probate, and auto accidents.

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Bethany T.

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Florida and California
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I am an experienced family law attorney licensed in California and Florida with over 13 years of experience.

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Gaille G.

Corporate Leasing Counsel
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Miramar, Florida
13 Yrs Experience
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St. Thomas University-JD

I specialize in reviewing, drafting and negotiating commercial real estate contracts. I have over 10 years of experience in drafting and negotiating commercial leases and related documents.

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"I had a great experience working with Randy. I had a long, somewhat aggressive non-competition employer agreement for a job offer that I wanted to take. He reviewed every point of the agreement within the agreed timeline and provided a very detailed and specific report about the various risks and practical effects it could have on my future career. He even offered very reasonable suggestions to the terms to negotiate for before signing the offer letter. I am very pleased with the outcome and it allowed me to sign the job offer without fear of a clause that I didn't understand."

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Employment

Employment Contract

New York

Asked on Apr 15, 2023

What should be included in my employment contract?

I am a small business owner looking to hire an employee for the first time. I have never written an employment contract before, so I am unsure of what should be included in the contract to ensure that it is legally binding and protects both the employee and me. I am looking for advice on what should be included in the contract to ensure that my interests and those of my employee are adequately protected.

Donya G.

Answered Apr 18, 2023

Hello, Congratulations on your business. Here are some things that need to be in the agreement - amount you will pay them, when you will pay, the term of the employment, confidentiality, non solicit. Since you have never done this before, I would like to suggest that you hire an attorney to get it done to ensure it is done correctly. I am a NY attorney with over 20 years of experience. I assist small businesses like yours with their employment, vendor, investment and all their contract needs. I would love to assist you. You can contact me on the Contracts Counsel website or on my personal page - Donya Gordon Looking forward to talking to and working with you Sincerely Donya Gordon

Read 1 attorney answer>

Employment

Employment Contract

North Carolina

Asked on Apr 18, 2023

What's termination notice in an employment contract?

I recently accepted a job offer with a new company and I was given an employment contract to sign. I was looking through the contract and noticed that it mentions something about a termination notice. I'm not sure what this means or how it applies to my employment, so I wanted to ask a lawyer to get a better understanding of this clause.

Ryan D.

Answered May 30, 2023

A termination notice is a provision in an employment contract that specifies the amount of notice an employer must give an employee if they wish to terminate the contract, or vice versa if the employee wishes to leave. This is an important clause, as it offers some level of job security for the employee and some level of predictability for the employer. In most states, including North Carolina, employment is considered "at-will" unless there is a contract in place that states otherwise. This means that either the employer or the employee may terminate the employment relationship at any time, for any reason, or for no reason at all, as long as the reason isn't illegal (like discrimination). If your contract includes a termination notice clause, this "at-will" status is likely modified to some extent. The specific details would depend on the exact wording in your contract. It could require either party to provide a notice (often 2 weeks, 1 month, or sometimes longer) before terminating the contract. That notice period is intended to give the other party time to adjust plans accordingly. For the employee, it might mean finding a new job; for the employer, it might mean finding a replacement.

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Business

Employment Contract

California

Asked on Oct 4, 2022

What is fixed term employment contract?

I have been given a contract that says 'Fixed Term Employment Contract'. How is this different than a normal employment contract? Is there anything I need to consider before signing this?

Michael M.

Answered Oct 7, 2022

This is an agreement that has a fixed amount of years which is agreed to by the employer and the employee. These types of agreements usually have a term of say 1, 2, or 3 years and often are renewable for another fixed term

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Contracts

Employment Contract

Ohio

Asked on Apr 13, 2023

What's personal leave in an employment contract?

I have recently been offered a job, and the employment contract I have been provided with states that I am entitled to personal leave. I am not sure what this is, or what it entitles me to. I would like to know what rights and responsibilities I have regarding personal leave, and what the employer's expectations are of me with regards to this leave.

Jeffrey K.

Answered Apr 14, 2023

Personal leave sometimes replaces vacation and sick time. Some employers just give employees time off for whatever reason the employee chooses. To know more about the rights and responsibilities, you should speak to HR at your new employer who will help you with the employer's expectations and your rights under the leave provision in your contract. Also, look at your contract as it may provide insight as to how to implement the leave. When in doubt, speak to HR. Thanks.

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Employment

Employment Contract

California

Asked on Apr 22, 2023

What's intellectual property in an employment contract?

I recently accepted a job offer that contained an employment contract. The contract states that I will not use any intellectual property of the company without prior written consent. I am unsure what exactly constitutes as intellectual property and would like to get a better understanding of the definition of intellectual property in the context of an employment contract.

Russell M.

Answered Apr 28, 2023

Your Agreement may contain a definition like this: “Intellectual Property” means recognized protectable rights and interests such as: patents (whether or not issued), copyrights, trademarks, service marks, applications for any of the foregoing, inventions, Confidential Information, trade secrets, trade dress, domain names, logos, insignia, color combinations, slogans, moral rights, right of publicity, author’s rights, contract and licensing rights, works, mask works, industrial design rights, rights of priority, know how, design flows, methodologies, devices business processes, developments, innovations. But a few of these are going to be most likely available to you. Internal company know-how or “ how we do things here that help us succeed”. Note the words “Confidential Information”. Confidential Information is another defined term which includes customer and employee information, pricing and business strategy and plans, among others.

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Recent Project:
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