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:
- 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.
- Definite terms. The terms of the contract must be clear to be enforced. Like most contracts, overly ambiguous terms cannot be enforced.
- 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
See Employment Contract by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Meet some of our Florida Employment Contract Lawyers
Taren C.
The Castro Law Firm, located in Royal Palm Beach, Florida, provides a range of legal services to clients that focus on probate, estate plannnig and business matters. Our staff is fluent in Spanish. We offer free consultations and virtual appointments.
November 14, 2023
Starcee R.
Mrs. Rivera graduated from Palmetto High School in 2009 and went on to attend Florida State University in Tallahassee, FL. After graduating from Florida State University with a B.S. degree in Criminology and a minor in Philosophy in April 2012, she went on to attend the University of Central Florida where she earned a M.S. Degree in Criminal Justice in August 2013. That same month, She started law school at Stetson University College of Law. While in Law school, Mrs. Rivera participated on Stetsons #1 Trial team. In May 2016, Mrs. Rivera graduated with her law degree and in December 2016, Mrs. Rivera obtained her Masters in Law from Stetson University through its Joint J.D./LL.M degree in Advocacy program. Mrs. Rivera was a part of the first graduating class for this joint program at Stetson University. As a Law student, Mrs. Rivera was a law clerk at a well-known plaintiffs employment law firm in Tampa, FL and also interned for the Honorable Judge Edward Larose of the Second District Court of Appeal where she was able to draft PCA opinions draft legal opinions that were ultimately published. Mrs. Rivera also went on to participate as a Certified Legal Intern (CLI) with the 6th Judicial Circuit Office of the Public Defender in Pinellas County, FL and an Intern for LegalAid of Manasota in Sarasota, FL. After Law School, Mrs. Rivera began her legal career working as a Public Defender with the Ninth Judicial Circuit Office of the Public Defender in Orlando, FL. During her time as a Public Defender, Mrs. Rivera litigated more than 20 trials, representing both adults and juveniles accused of Misdemeanor and Felony offenses. After engaging in extensive civil, criminal and family law litigation, Mrs. Rivera decided it was time to finally open Allstarr Legal, P.A. in order to provide both affordable and quality legal representation to the people of the State of Florida. Mrs. Rivera practices throughout the entire state of Florida.
December 4, 2023
Tayane O.
Tayane M. Oliveira is a founding partner at Vannucci Oliveira. With a concentration in family law, Tayane is renowned for her commitment to providing compassionate yet powerful representation to her clients. Her experience as an associate attorney at Brodzki Jacobs & Brook, coupled with her unwavering dedication to her clients' welfare, prepared her for her current role at Vannucci Oliveira. Tayane's academic achievements are a testament to her rigorous intellectual curiosity and dedication to her profession. She graduated with a Bachelor of Arts degree in Criminal Justice, supplemented by a minor in Psychology, from Florida Atlantic University in 2013. The culmination of her academic pursuit came in 2017, when she earned her Juris Doctor degree, cum laude, from the esteemed Nova Southeastern University's Shepard Broad College of Law. Before co-founding Vannucci Oliveira, Tayane honed her skills in the heat of the courtroom, representing clients in an array of general civil litigation matters. This diversified exposure instilled in her an ability to tackle complex legal challenges, a skill she employs to benefit her clients in family law. Originally from Brazil, Tayane brings an international perspective to her practice. When not delving into legal briefs or advocating for her clients, she indulges in travelling, reading, spoiling her puppies, and exercising, activities that not only rejuvenate her but also provide her with a broader perspective on the world and her practice. *Supreme Court Certified Portuguese Speaking Mediator
December 11, 2023
Ido A.
Ido Alexander is dedicated to helping his clients identify risks and understand how to navigate the unknowns. He has a keen ability to sort through the noise to develop strategies for growth and advance clients' interests. An experienced counsel, he focuses on finding solutions for businesses, estate planning needs, helping resolve complex and strategic disputes, and at times restructuring through bankruptcy or out of court, while keeping his clients' financial health as the top priority.
January 3, 2024
Zenaida R.
I proudly hold an active membership with The Florida Bar, I successfully passed the Florida Bar examination in September 2023. My journey into the legal realm began over 5 years ago with dedicated service as a law clerk, where I provided indispensable support at previous law firms. I have distinguished legal expertise in the realm of transational matters. I am highly experienced in entity formations, commercial transactions, mergers & acquisitions, corporate governance & compliance, and business immigration services. I have prepared many independent contractor agreements, employment agreements, purchase and sale agreements, EB-1 and 2 visas, to name a few. I am an adept learner, professional, and committed to high quality legal work.
February 12, 2024
Lissette E.
Litigation and Immigration Attorney with over 12 years of experience.
March 14, 2024
Davy K.
I am a Swiss-American lawyer based in Florida and specialize in business, investments, and other civil matters. I have won many cases in both state and federal litigation, and arbitration. Before litigation or arbitration, however, I like to prevent these legal disputes by ensuring my clients base their business on strong concrete contracts that will protect them even decades down the road. My clients are my top priority, which is why they get my personal cell and can reach me anytime. My firm is also established on the extremely high standards of professionalism, transparent itemized billing, fast turnaround times and more. For more information, visit: https://www.transnationalmatters.com/
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Employment Contract
Georgia
I was recently let go after complaining about discrimination and targeted. I was termed with a severance package. I want to know if I can renegotiate the severance.
Can I get more on my severance since I was let go after complaining about discrimination to my employer?
Donya G.
That sounds like it would depend on the reasons you were given for being let go. Did you document your grievances in an email or where they just done by word of mouth? You should consult with a GA attorney that specializes in employment law to assit. All the best Donya Gordon
Employment
Employment Contract
Florida
Do I have to provide my employees with a paycheck stub?
We find employee pay stubs laying around in the warehouse and left in company vehicles
Diane D.
Florida doesn't require employers to provide a pay stub with a paycheck, nor do they have to offer them in electronic format. Pay stub legislation in Florida instead defaults to federal laws under the Fair Labor Standards Act (FLSA).
Employment
Employment Contract
New York
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.
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
Employment
Employment Contract
North Carolina
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.
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.
Employment
Employment Contract
California
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.
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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