Maybe you’re planning on launching a business, or perhaps your company has grown, and you’re considering hiring a few employees. Whatever the case, you’ll need a Florida employment lawyer to help you draft a solid employment contract.
Below, a Florida labor attorney explains the key clauses your contract must have to comply with Florida employment law.
Employee Compensation
Your contract must outline how much you’re going to pay the employee and whether you’ll be paying them an hourly wage or a salary. Note that you can’t pay employees less than the Florida minimum wage. That’s currently $12 per hour.
If you plan to provide benefits to the employee, outline those benefits here.
Extra Compensation
An extra compensation clause limits the worker’s pay to the agreed-upon amount in your contract. Employers often use extra compensation clauses for independent contractors.
Scope of Work
What duties do you expect the employee to perform? Spell those out here. You don’t need to be overly detailed, as including too much information might confuse the employee. Ideally, keep the scope of work general.
Termination Clause
Your contract must specify when and how you or the employee can terminate the employment agreement. For instance, if you’re employing the worker “at will,” either they or you can end the relationship at any time, for any reason.
You should also include reasons for immediate termination. These might include theft, violence, or harassment.
Non-Compete
You can include a non-compete clause if you don’t want the employee to work for a rival company after leaving your business. Note that for this clause to be enforceable, you must have a legitimate reason for having it. For example, you may not want the employee to work for a rival because you’re worried they’ll share company secrets.
Your contract could also include a non-solicitation clause. This clause prevents employees from poaching your clients when they leave.
Not sure whether your non-compete clause is enforceable? Call a Florida employment lawyer.
Agency
Can the employee act as an agent on your behalf? If so, you’ll need an agency clause. This would allow the employee to transact business or enter contracts for you.
Arbitration
When you take on an employee, you expect a smooth relationship with them. Sadly, that isn’t always the case. This is why your contract needs to include an arbitration clause.
An arbitration clause outlines who the employee can go to if they have a complaint and who has the right to select the arbitrator.
What Happens When an Employer Breaches the Contract?
Once you’ve made an employment contract, you must abide by its terms. If you breach the contract, and it doesn’t include an arbitration clause, the aggrieved employee can file a lawsuit against you. You may have to pay for their damages and the fees for their Florida workplace attorney.
Examples of breaching an employment contract include:
- Not paying the employee the agreed-upon amount
- Substantially changing the scope of the employee’s work
- Refusing to pay benefits as outlined in the contract
If you’re concerned that you might have breached your contract, reach out to an employment contract lawyer in Florida.
Need Help With Your Contract? Call an Employment Lawyer in Florida
Creating an ironclad employment contract can be challenging, and it must include specific language if you want it to be enforceable. This is why savvy business owners hire a labor law attorney in Florida. An attorney can draft your contract to include the verbiage needed for enforceability.
For a consultation with a Florida employment lawyer, contact Mark J. Berkowitz, P.A., at (954) 527-0570.