The formation of the relationship of employer and employee by written agreement is generally determined by the usual principles governing the formation of all contracts. The basic elements of any enforceable contract are as follows:
" an agreement;
" between competent parties;
" based upon the genuine assent of the parties;
" supported by consideration;
" made for a lawful objective; and
" in the form required by law.
Florida Checklist — Employment Agreements: A Comprehensive Overview When it comes to employment agreements in Florida, there are several important aspects that both employers and employees should consider. This checklist aims to provide a detailed description of the key elements to include in an employment agreement while highlighting the different types of Florida employment agreements available. 1. Basic Information: — Clearly state the names and addresses of both the employer and employee. — Specify the job title and description of the employee's responsibilities. — State the date of employment commencement and whether it is a fixed-term or indefinite period. 2. Compensation and Benefits: — Clearly outline the employee's wage or salary, along with the frequency of payment. — Specify any additional benefits like health insurance, retirement plans, vacation time, sick leave, or other perks. — Highlight any commission or bonus structures and the conditions for earning them. 3. Employment Status: — Clarify whether the employee is classified as an independent contractor or an employee. — Specify whether the employment is at-will or has a fixed term, including any conditions for termination. 4. Non-Disclosure and Non-Compete Clauses: — Include clauses to protect sensitive company information and trade secrets. — Establish guidelines regarding non-compete agreements during and after the termination of employment. 5. Intellectual Property: — Address ownership rights and potential licensing of any intellectual property created during employment. — Clearly outline who retains ownership of intellectual property developed by the employee while working for the company. 6. Termination and Severance: — Define the conditions for termination, whether for cause or without cause. — Specify the notice period required for termination by either party. — Address potential severance packages or benefits due upon termination. Types of Florida Employment Agreements: 1. Full-Time Employment Agreement: — A standard agreement between an employer and an employee, defining the terms and conditions of full-time employment. 2. Part-Time or Temporary Employment Agreement: — Specifically tailored for employees working fewer hours or on a temporary basis. 3. Independent Contractor Agreement: — A distinctive agreement for individuals providing services to a company but not classified as employees, ensuring their independent contractor status is clearly stated. 4. Executive Employment Agreement: — Designed for high-level executives, this agreement often includes additional provisions such as severance packages, stock options, or other executive benefits. 5. Non-Disclosure Agreement (NDA): — Although not technically an employment agreement, an NDA is crucial to safeguard confidential information and trade secrets, often signed at the beginning of the employment relationship. By utilizing this checklist and understanding the different types of employment agreements in Florida, employers and employees can ensure that their rights and obligations are adequately protected. However, it is always advisable to consult with a legal professional to ensure the agreement complies with Florida laws and covers all necessary aspects.
