Starting a business can be both rewarding and exhausting. The demands of recruiting potential employees, the pressure of making a profit, and the excitement of the unknown can be overwhelming at times, but all employers need to be aware that the first step to shaping a fair and responsible workplace is the drafting of a clear and valid employment agreement.
A business, no matter the size, should use employment agreements that include language explicitly outlining the nature of the position and employment expectations. Employment agreements usually contain specific terms and conditions, which may vary considerably according to the type of business. Most of the time, they provide a simple description of compensation, benefits, and expectations.
Some employment agreements are more complex. Sometimes the nature of the employment contract requires explicit legal detail. Below are examples of provisions commonly found in employment agreements:
- Confidentiality and Non-Disclosure Provisions: These are sometimes used in employee agreements to protect proprietary or sensitive information from being disclosed outside of the company.
- Non-Solicitation Provisions: These provisions are typically used to prevent former employees from soliciting clients or employees who are integral parts of the subject employer’s business.
- Non-Compete Provisions: These provisions are used to prevent former employees from engaging in competition with their former employer.
Remember that Florida is an at-will employment state. If the employment agreement is silent with regard to the duration of employment, it may be deemed an at-will employment agreement, meaning that the working relationship can terminate at the will of either party. Because of the complexity found within some employee agreements, it is always best to consult an employment attorney before creating or signing an employment contract. If you need help understanding your employment agreement, Fernee Kelly Law is here to lend a helping hand.
