Does My Florida Small Business Need Employment Contracts?

Does My Florida Small Business Need Employment Contracts?

Does My Florida Small Business Need Employment Contracts?

Employees can be essential to a small business’s operations, growth and success. However, the employee/employer relationship can be complex, with each party having certain implied and express responsibilities. Under certain circumstances, having a formal agreement with employees may be helpful. If you employ or plan to employ others, it’s important to know: Does my Florida small business need employment contracts?

Florida Employment Contracts

A Florida employment contract is a legally-binding document between an employee and employer that sets out the parties’ respective rights and responsibilities. These agreements include terms that clarify the employee’s role, salary or payment, employment conditions, and events that could end the employment relationship.

Written Employment Contracts

In Florida, employment agreements can be made verbally. However, it is generally better to get these contracts in writing. Otherwise, it may be difficult to prove and enforce the terms.

What Should be Included in a Florida Employment Contract?

Like all contracts, Florida employment contracts should include certain essential terms such as the parties’ names, addresses, and contact information. In addition, your agreement should also include the employee’s job title and description and any specific employment terms. If your employment contract is for a set period of time, the dates should be included. In addition, if your small business has a leave policy, there should be a term referencing the policy. Your Florida employment contract should also include the employee’s job duties, how they will be evaluated, benefits, and terms related to ending the employment relationship. Lastly, you may want to include a dispute resolution clause that establishes how you and the employee will settle any future conflicts.

Should I Have a Non-Compete or Non-Disclosure Clause?

Some Florida employment contracts include non-compete and non-disclosure clauses. Depending on your business type, one or both of these clauses may be beneficial.

Non-compete Clause: this type of clause is used to restrict how and where an employee works upon leaving employment with your Florida small business. When an employee is subject to a non-compete provision, they have agreed not to engage in certain competitive practices with the employer after they leave their job. These usually prohibit an employee from working in the same capacity for a competitor after they leave employment or from starting a competing business.

Non-disclosure Clause: this type of clause is included in an employment contract to prevent an employee from disclosing confidential and proprietary information. When employees sign an agreement with this type of language, they are legally prohibited from disclosing confidential business-related information.

Does My Small Business Need Employment Contracts?

Florida employment relationships are subject to various laws and terms. Having an employment contract can help clarify expectations and the parameters of the employer and employee relationship. These documents can also protect confidential processes and information and safeguard an entity from unfair competition.

If you own a small business in Florida, the best way to protect yourself is by working with an experienced small business law attorney. Your small business lawyer can help you draft or review employment contracts for your current and future employment needs.

Contact an Experienced Florida Business Lawyer

Attorney Richard Sierra at the Florida Small Business Legal Center assists clients like you with commercial leasing, business, and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.

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