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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Zenaida R. on ContractsCounsel
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January 3, 2024

Zenaida R.

Managing Attorney
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Miami, Florida
3 Yrs Experience
Licensed in FL
St. Thomas University

I am an active member of The Florida Bar, having successfully passed the Florida Bar Examination in September 2023. My legal career spans over seven years, beginning with extensive experience as a law clerk, where I supported attorneys and developed a strong foundation in client-focused legal work. I focus my own practice on business and estate planning matters, including entity formation, corporate governance and compliance, commercial transactions, and long-term planning for individuals, families, and business owners. My estate planning practice focuses on helping individuals and families protect their assets, plan for incapacity, and ensure their wishes are carried out with clarity and confidence. I regularly prepare wills, trusts, powers of attorney, health care directives, and related planning documents, and I take a personalized, practical approach to each plan—ensuring it reflects the client’s goals, family dynamics, and long-term needs while remaining fully compliant with Florida law.

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Alexander H.

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Florida
27 Yrs Experience
Licensed in FL
Nova College of Law

I have been licensed to practice law in Florida since 1999. My work has centered on a wide range of family‑court matters, including divorce, child support, custody, paternity cases, and prenuptial agreements. I also handle broader family‑law services such as Last Will & Testaments, Powers of Attorney, and property‑related issues such as Quit Claim Deeds. In addition to family law, I have extensive experience in consumer bankruptcy law, such as Chapter 7 bankruptcy, and advising clients on issues such as wage garnishments, bank levies, foreclosure defense, repossessions, judgment enforcement, credit card lawsuits, and debt defense tactics. I regularly guide individuals on qualifying for bankruptcy, means‑testing, exemption planning, and strategies to protect assets in divorce and bankruptcy. I developed the Family Law and Bankruptcy Law courses for a law school, and I am the author of Consumer Bankruptcy Law for paralegals and legal professionals, published by Routledge. I currently teach business law, economics of law, and bankruptcy in both English and Spanish for an international university.

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Lissette E.

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Lissette's legal career, spanning over a decade, is distinguished by her significant achievements in civil litigation and her versatile practice in immigration and corporate law. She has demonstrated a formidable presence in the courtroom, securing a verdict of over two million dollars for a client and settling claims totaling more than three million dollars against insurance companies. She is proficient in complex litigation and corporate matters, assisting corporations with entity formation and regulatory compliance. Her work ensures that businesses not only start on a solid legal foundation but also maintain adherence to legal standards as they grow and evolve. Lissette's tenure at the Department of Justice has also been particularly influential. Working directly with immigration judges, she has developed a nuanced understanding of immigration policies and law, enabling her to craft winning strategies that address the unique challenges faced by her clients. Her career is further enriched by her previous teaching engagements at the Maurice A. Deane School of Law at Hofstra University, where she shared her comprehensive knowledge and experience with aspiring lawyers. Lissette's multifaceted expertise underscores her deep-rooted commitment to legal advocacy and excellence, making her a valued counselor and advocate. Known for her tailored client solutions, Lissette achieves successful outcomes across various legal domains.

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Gisselle O.

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Miami, Florida
6 Yrs Experience
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Family law attorney licensed in the State of Florida with 5+ years of experience in litigating family law matter including dissolutions of marriage and paternity/child custody cases. Drafting pleadings, including petitions, motions, and responses Preparing discovery requests and responses Organizing and maintain case files and pleadings Communicating with clients to provide case updates and gather information Conducting legal research and draft legal memoranda Attending court hearings, trials, depositions, mediation, etc. Preparing prenuptial and postnuptial agreement

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Davy K.

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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

Employment Contract

Florida

Asked on Apr 19, 2023

What's probationary period in an employment contract?

I am a recent college graduate who recently accepted a job offer from a company. As part of the offer, I was asked to sign an employment contract. I understand that the contract includes a probationary period, but I'm not sure what that entails. I would like to know what the probationary period is and what it means for me as an employee.

Diane D.

Answered May 10, 2023

A period of time to evaluate you and to show that you're a good fit for the job and that you are fully qualified for it. At the end of the probationary period, they will either keep you on or terminate you.

Read 1 attorney answer>

Employee Rights

Employment Contract

New York

Asked on Nov 26, 2024

Can an employer change the terms of employee benefits without providing notice or obtaining consent?

I work for a small company that has recently made some changes to our employee benefits package without any prior notice or consultation with the employees. The changes include reducing the amount of paid time off, increasing the employee contribution for health insurance, and eliminating certain retirement benefits. I am concerned about the legality of these changes and whether the employer has the right to alter the terms of our benefits without providing any notice or obtaining our consent.

Damien B.

Answered Dec 2, 2024

If you have an employment contract, the employer must adhere to the terms of that agreement. Similarly, if the company has an employee handbook, changes to benefits must align with the policies outlined therein. Courts may consider an employee handbook as a binding contract if it creates an expectation of certain benefits. If your benefits are guaranteed in a written contract or employee handbook and the employer did not follow proper procedures to make changes, you may have a claim for breach of contract. Employers are generally encouraged to provide clear communication and advance notice of benefit changes to maintain trust and compliance with legal and policy obligations. If you have any further questions, feel free to reach out.

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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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Employment

Employment Contract

Colorado

Asked on Oct 4, 2022

Are employment contracts confidential?

I'm considering taking a second job but would not want my first employer to know. Is there any way for them to find out? I am not sure what all of the language in the contract says and may need to get it reviewed, but I wanted to see if these contracts are kept confidential so that my employer never finds out.

Donya G.

Answered Nov 1, 2022

Typically, yes. There s generally a confidential section in your employment agreement. Is there something specific you are worried about? You can have an attorney give a consultation, review the agreement and advise you. I can do that for you. You can connect with me through the website. Thanks Donya Gordon

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Estate Planning

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Florida

Asked on Apr 12, 2023

What's vacation time in an employment contract?

I recently accepted a new job and I was provided an employment contract to review. In the contract, there is a section about vacation time, but it is not very clear. I'm trying to understand what vacation time is included in the contract and what the expectations are for taking time off. I want to make sure I have a clear understanding of my rights and responsibilities regarding vacation time before I sign the contract.

Diane D.

Answered May 10, 2023

You can create your own will. However, having an attorney draft it for you will ensure that your wishes are carried out in all circumstances. Doing it yourself without having any experience may cause many problems after your demise.

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