Home health care agencies in Florida can now receive protection relating to their business interests. A recent decision by the Florida Supreme Court ruled that home health care agencies in Florida can enforce the non-compete agreements they require their marketing representative to sign. In other words, marketing representatives employed by home health care agencies will no longer be able to leave their jobs and bring their books of clients with them.
Many people sign employment contracts when they start a new job -- especially when they go to work for a new company. In evaluating such a contract, the more you know about what these contracts normally include the better.
An employment contract that isn't court enforceable is virtually worthless. That's why it's important for Miami employees and employers alike to review their employment contracts carefully to ensure that they conform to Florida law. That said, it's difficult -- if not impossible -- for the average layperson to evaluate the legal issues contained in the average employment contract; therefore, if you need to draft such a contract, you might want to get help from an experienced employment law attorney.
It is rare for a Miami employee to hire an attorney to review his or her employment contract before signing onto a new job. This level of attorney review is usually only requested by high-level employees who stand to earn a high salary. Or, it is performed after the fact by an employee who was wronged.
When you enter into an employment contract -- whether you are the employer or the employee -- it is a legally binding agreement that will have financial consequences for you. A such, it is important to review closely all of the terms and conditions of the agreement so that you know exactly what you're getting into.
The purpose of any business contract, including for employment, is to make the agreement and responsibilities between two or more parties explicit and legally binding. However, it doesn't guarantee the parties will fulfill their ends of the contract. When this happens, it's an actual breach of contract, and the harmed party can take legal action against the one who made the breach. The type of breach determines whether or not the affected party still has to perform its duties and maintain the contract. The two main types of actual breaches are minor and material.
Employment contracts do not become an issue until a disagreement arises between the employee and employer. It is when this happens that an employment contract will be highly scrutinized and interpreted by lawyers and the courts, and any previously unidentified weaknesses will be revealed.
Miami Beach has been awarded a perfect score in a special report that evaluated the Lesbian, Gay, Bisexual, Transgender and Queer inclusiveness of different cities in the United States. The report was released by the country's biggest LGBT rights group, Human Rights Campaign. The Mayor of Miami Beach commented on the perfect score, saying that the city is a model for the promotion of progressive initiatives like environmental protection, LGBTQ rights and fair wages.
Nearly 40 percent of Americans have entered into a noncompete agreement. Many of the people who signed their noncompetes, however, never were affected by them because they were not in a position where they needed to compete against their employer. Some individuals, on the other hand, may have faced big financial setbacks because they were unable to work in their chosen industry after leaving their former employer.
Employment contracts are becoming increasingly popular in Miami and other Florida cities. Typically drafted to protect both parties, these contracts often have important provisions that could impact employees. While it is pretty easy to spot something unusual or potentially harmful, it is what is missing that might be the most detrimental. Most people are excited when an attractive job opportunity comes their way; however, caution is always a good idea before putting your name on a legally binding document.