Florida employment contract template

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How Florida employment contract Differ from Other States

  1. Florida is an at-will employment state, meaning employers or employees can terminate the contract at any time, with or without cause.

  2. Florida does not require written employment contracts except for certain industries or specific agreements, unlike some states with stricter mandates.

  3. Non-compete and restrictive covenants are generally enforceable in Florida if they protect legitimate business interests and are reasonably limited in scope.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required in Florida?

    A: No, written employment contracts are not legally required in Florida unless mandated by a specific industry or agreement.

  • Q: Can an employer fire an employee without cause in Florida?

    A: Yes, Florida’s at-will employment status allows employers to terminate employees without cause or notice, unless otherwise agreed.

  • Q: Are non-compete clauses enforceable in Florida?

    A: Yes, non-compete clauses are typically enforceable if they are reasonable in duration, geographic area, and protect legitimate business interests.

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Florida Employment Contract

This Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Legal Name], a [State] [Entity Type] with its principal place of business at [Employer Address] (“Employer”), and [Employee Legal Name], residing at [Employee Address] (“Employee”).

1. Employment

  • Position and Title: The Employer hires Employee, and Employee accepts employment, as [Job Title].
  • Duties and Reporting Structure: Employee shall perform the duties and responsibilities as outlined in [Job Description or Addendum] and will report to [Supervisor Title].
  • Work Location: The primary work location shall be [City, County, State] at [Work Address]. Employee may be required to travel to other locations as reasonably necessary for the performance of their duties.
  • Type of Employment:
    • Full-time
    • Part-time
    • Temporary
    • Seasonal
    • Other: [Specify]
  • Exempt/Non-Exempt Status:
    • Exempt (from overtime pay under the Fair Labor Standards Act and Florida law).
    • Non-Exempt (entitled to overtime pay for hours worked over 40 in a workweek).

2. Term of Employment

  • Option A: Fixed Term
    • The term of employment shall commence on [Start Date] and shall continue until [End Date].
    • Renewal/Evaluation: The parties will evaluate the possibility of renewal [Number] days prior to the termination date.
  • Option B: At-Will Employment
    • The employment relationship is at-will, meaning that either the Employer or the Employee may terminate the employment at any time, with or without cause or notice, subject to applicable laws.
    • This at-will employment relationship does not modify the Employee's rights under federal or Florida law, including but not limited to protections against discrimination, retaliation, or violation of state or federal statutes.
    • Optional Addition: The Employer may provide a severance package upon termination, subject to the Employee's execution of a release of claims.

3. Compensation and Benefits

  • Salary/Wage: The Employee's initial [Salary/Hourly Rate] shall be [Amount] [Annually/Hourly], payable [Weekly/Bi-Weekly/Monthly].
  • Payment Method:
    • Direct Deposit
    • Check
  • Overtime: Non-exempt employees will be paid overtime at a rate of one and one-half (1.5) times their regular rate of pay for all hours worked in excess of forty (40) in a workweek, as required by the Fair Labor Standards Act and Florida law.
  • Bonus/Commission/Incentive Compensation:
    • Eligible for a bonus as determined by the Employer based on performance metrics. Specific details are outlined in the [Bonus Plan Document].
    • Eligible for commission as outlined in [Commission Plan Document].
    • Not Eligible.
  • Expense Reimbursement: The Employee will be reimbursed for reasonable and necessary business expenses incurred in connection with their employment, subject to the Employer's expense reimbursement policy, as detailed in [Expense Reimbursement Policy Document].
  • Benefits:
    • Health Insurance: [Description of Health Insurance Plan, if offered, e.g., Employee is eligible to participate in the Employer's group health insurance plan.]
    • Dental Insurance: [Description of Dental Insurance Plan, if offered, e.g., Employee is eligible to participate in the Employer's group dental insurance plan.]
    • Vision Insurance: [Description of Vision Insurance Plan, if offered, e.g., Employee is eligible to participate in the Employer's group vision insurance plan.]
    • Retirement/401(k) Plan: [Description of Retirement/401(k) Plan, if offered, e.g., Employee is eligible to participate in the Employer's 401(k) plan after meeting eligibility requirements.]
    • Paid Time Off (Vacation/Sick Leave/Holidays): [Description of PTO Policy, e.g., Employee will accrue vacation and sick leave in accordance with the Employer's PTO policy as outlined in the Employee Handbook.]
    • Unpaid Leave: [Description of Unpaid Leave Policies, e.g., Employee is eligible for unpaid leave under the Family and Medical Leave Act (FMLA) and other applicable laws.]
    • Other Benefits: [List any other benefits, e.g., life insurance, disability insurance.]

4. Working Time and Conduct

  • Regular Working Hours: Employee's regular working hours will be [Number] hours per week, generally from [Start Time] to [End Time], [Days of the Week].
  • Overtime Approval: Overtime work must be pre-approved by [Supervisor Title/Department].
  • Remote Work/Flexible Schedules: [Describe remote work policy or flexible schedule options, if any. If none, state "Not Applicable".]
  • Employee Handbook: Employee acknowledges receipt of the Employee Handbook, which contains important information regarding company policies, procedures, and expectations. Employee agrees to abide by the policies outlined in the Employee Handbook.
  • Code of Conduct/Dress Code/Workplace Behavior: Employee shall adhere to the Employer's Code of Conduct, Dress Code, and Workplace Behavior standards, as outlined in the Employee Handbook.

5. Confidentiality and Intellectual Property

  • Confidentiality: Employee agrees to hold in strict confidence all Confidential Information of the Employer, both during and after employment. "Confidential Information" includes, but is not limited to, trade secrets, customer lists, financial information, marketing strategies, and product development plans.
  • Return of Company Property: Upon termination of employment, Employee shall immediately return all company property, including, but not limited to, computers, mobile devices, documents, and access badges.
  • Assignment of Intellectual Property: Employee agrees that all intellectual property and inventions created during the course of employment, and related to the Employer's business, shall be the sole and exclusive property of the Employer.
  • Optional: Detailed IP Terms (retain or delete as needed)
    • Employee agrees to execute any and all documents necessary to perfect the Employer's ownership of such intellectual property.
    • This assignment applies to all inventions, discoveries, writings, and other works of authorship created by Employee, either alone or jointly with others, during the term of employment.

6. Restrictive Covenants (Optional - consult with legal counsel before including)

  • Option A: Include Restrictive Covenants
    • Non-Compete: During the term of employment and for a period of [Number] months following termination, Employee shall not, directly or indirectly, engage in any business that competes with the Employer's business within a [Radius] mile radius of [City, State]. This restriction applies to the following activities: [Specify restricted activities]. This restriction is reasonable in time, area, and line of business and is necessary to protect the Employer’s legitimate business interests, including [List Legitimate Business Interests], consistent with Florida Statutes Section 542.335.
    • Non-Solicitation (Clients): During the term of employment and for a period of [Number] months following termination, Employee shall not solicit, divert, or attempt to solicit or divert any of the Employer's clients or customers with whom Employee had contact during the [Number] months preceding termination.
    • Non-Solicitation (Employees): During the term of employment and for a period of [Number] months following termination, Employee shall not solicit, recruit, or attempt to solicit or recruit any employee of the Employer.
    • Non-Disparagement: Employee agrees not to make any disparaging or negative statements about the Employer, its officers, directors, employees, or products, either during or after employment.
  • Option B: Exclude Restrictive Covenants
    • No restrictive covenants shall apply to this employment agreement.

7. Termination

  • Voluntary Resignation: Employee shall provide [Number] days written notice to the Employer prior to voluntary termination of employment.
  • Involuntary Termination: Employer may terminate Employee's employment with or without cause, subject to applicable laws.
  • Severance Pay/Post-Termination Compensation:
    • Employee will receive severance pay as detailed in [Severance Policy Document].
    • No severance pay will be provided.
  • Final Paycheck: Employee will receive their final paycheck within [Timeframe, e.g., the time period required by Florida law] of termination, including all earned wages and accrued, unused vacation time (if applicable based on Employer policy and Florida law).
  • Unused Leave: Treatment of unused leave will be handled according to company policy and Florida law.
  • COBRA/Healthcare Continuation: Employee will be provided with information regarding COBRA and/or continuation of healthcare coverage, if eligible, as required by law.
  • Return of Company Property: Upon termination, Employee must return all company property, including but not limited to computers, mobile devices, documents, and access badges.
  • Exit Process: Employee shall complete the Employer's standard exit process, including but not limited to an exit interview.

8. Dispute Resolution

  • Option A: Negotiation
    • The parties agree to first attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiation.
  • Option B: Mediation
    • If negotiation fails, the parties agree to submit any disputes arising out of or relating to this Agreement to mediation in [City, County, State], before resorting to litigation or arbitration.
  • Option C: Arbitration
    • Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in [City, County, State]. The arbitrator's decision shall be final and binding on both parties.
  • Choice of Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. The exclusive venue for any legal action arising out of or relating to this Agreement shall be the state or federal courts located in [County, State].

9. Workers' Compensation and Occupational Health and Safety

  • Employer shall comply with all applicable Florida workers' compensation statutes.
  • Employee has the right to a safe working environment. Employee shall report any accidents or unsafe conditions to [Designated Person/Department].
  • Optional: Detailed Safety Provisions (retain or delete as needed)
    • Employer will provide necessary safety training and equipment.
    • Employee shall follow all safety procedures and regulations.

10. Equal Employment Opportunity, Anti-Discrimination, and Anti-Harassment

  • Employer is an equal opportunity employer and prohibits discrimination and harassment of any kind based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, genetic information, marital status, or any other characteristic protected by federal, state, or local law. This policy applies to all terms and conditions of employment, including recruiting, hiring, promotion, termination, layoff, recall, transfer, leaves of absence, compensation, and training.
  • Employer complies with all applicable federal laws (including Title VII, ADA, ADEA, FMLA, FLSA) and the Florida Civil Rights Act.
  • Optional: Workplace Policies and Reporting Procedures (retain or delete as needed)
    • Employee shall report any incidents of discrimination or harassment to [Designated Person/Department].
    • Employer has a detailed anti-discrimination and anti-harassment policy, available in the Employee Handbook.

11. Additional Contract Terms

  • Probationary Period: The first [Number] days of employment shall be considered a probationary period, during which the Employer may terminate the employment relationship with or without cause and with or without notice.
  • Background Check Authorization: By signing this Agreement, Employee authorizes the Employer to conduct a background check.
  • Drug Testing: [Describe drug testing policy, if any. If none, state "Not Applicable".]
  • Acknowledgment of Receipt of Employee Handbook/Policies: Employee acknowledges receipt of the Employee Handbook and other relevant policies.
  • Amendments and Waiver: This Agreement may be amended only by a written instrument signed by both parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.
  • Notice Provisions: All notices required or permitted under this Agreement shall be in writing and shall be deemed effectively given upon personal delivery, email (with confirmation of receipt), or upon deposit in the United States mail, registered or certified, postage prepaid, addressed to the other party at the address set forth above.
  • Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
  • Electronic Execution: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile or electronically transmitted signatures shall be considered original signatures for all purposes.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Employer Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Legal Name]

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