There are three elements that must be present for a contract to exist: offer, acceptance and consideration. The first step to a contract is an offer. An offer is a written or spoken statement by one of his or her intention to be held to a commitment upon acceptance of the offer.
A Florida employment contract agreement establishes an employment relationship between an employer and an employee. Provisions such as income, period of employment, duties, benefits, confidentiality, non-compete, and termination may be included, depending on the position for which the employer is hiring the employee.
At-will employment is the law of the land throughout much of the United States. Even though Florida is an at-will employment state, an employee may be protected against firing without cause by an employment contract or union agreement or if they work for the government.
This Practice Note considers the specific situations where a contract is required by law to be in writing: assignments, contracts for the sale of land, equitable mortgages, assents, transfers of shares, transfers of intellectual property rights, and guarantees.
Training agreements provide legal protection for employers. They can include clauses that allow employees to repay training expenses if they quit the company within a specific timeframe. This ensures the company can avoid the financial burden of training employees who end up leaving for other opportunities.
Florida has a few laws that provide greater protections to employees than federal law, including protection against discrimination based on marital status, a higher minimum wage and health care continuation coverage obligations for smaller employers, and generally follows federal law on topics such as consumer credit ...
Under the Fair Labor Standards Act (FLSA), unpaid training can only occur when specific criteria are met, such as when the training is similar to what would be given in an educational environment and the trainee acts primarily for their own benefit.
Employment contracts are commonly used to hire and retain executives and professionals. They may also be used to establish business relationships with temporary employees, contractors, and subcontractors. Once executed, an employment contract in Florida is legally binding.
How to draft a contract between two parties: A step-by-step checklist Know your parties. Agree on the terms. Set clear boundaries. Spell out the consequences. Specify how you will resolve disputes. Cover confidentiality. Check the legality of the contract. Open it up to negotiation.