Helping Employees Review Florida Employment Agreements
It is far too common for new employees to sign an employment agreement without asking any questions or reviewing many of the key terms. In many cases, the new employees are afraid of being too pushy. There is a perceived risk that the employer may retract the job offer if the new employee asks too many questions.
Beyond the potential risks, it is paramount for employees to review every detail of a potential employment agreement before signing on the dotted line. Without a detailed understanding of an employment agreement, employees are unable to understand the boundaries of their job with accuracy. Before signing an employment agreement, employees should be able to at least answer the following questions.
What Compensation and Benefits are Included?
Employees should verify that their employment agreement contains a clear description of the compensation and benefits involved. It does not matter whether the compensation is salary, hourly or commissioned. Employees should ensure that all compensation details are spelled out in the employment agreement. The same applies to benefits, such as health insurance, vacation time and sick leave. If compensation and benefit terms are not present in the employment agreement, it may be difficult to prove a legal case in court.
What are the Conditions for Termination?
This is extremely important in the context of job security. From a legal standpoint, Florida is an at-will employment state. This means that employees can leave a job for any reason without notice; and employers can terminate for any reason without notice.
That being said, employment agreements have the power to override the statutory approach in Florida. If an employment agreement includes a provision that the employer will only terminate for good cause, then the employee has additional protection. If the employer terminates without cause, then the employee may be able to file a civil lawsuit.
Does the Employment Contract Impose Restrictions?
Many employment contracts contain specific provisions that restrict employee freedoms during and after employment.
In terms of restrictions in place during employment, many employers require their employees to forgo other job opportunities. Essentially, the employee must warrant that they will not work for other employees during the term of the employment agreement.
In terms of post-employment restrictions, there are two major buckets that are most likely to appear on an employment agreement:
- Non-compete – This type of clause prevents former employees from working for companies that compete with their former employer; and
- Non-solicitation – This type of clause prevents former employees from poaching clients or colleagues from their previous employer.
It is important to note that non-compete and non-solicitation clauses must be limited in time and scope. Employers are not allowed to create infinite terms for these restrictions.
Contact Us Today for Help
If you are dealing with legal issues connected to employment agreements, it is crucial to contact a skilled Florida employment attorney. Don’t hesitate to reach out to Penichet Law for help with your case.