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.
At the Law Offices of Gary A. Costales, PA, we regularly represent both employees and employers in employment contract-related disputes. Here are three of the most common disputes we represent our clients in:
— Non-compete clause disagreements: Florida courts will honor non-compete agreements but only by employing a sense of fairness. For example, courts will generally not allow a non-compete agreement to prevent an employee from being able to earn a living in his or her field of expertise. That said, courts will not allow an employee to purposefully engage in the practice of stealing business from his or her former employer.
— Severance pay disagreements: Disagreements often arise over how much severance pay is owed to an employee who is laid off. In some cases, this issue is clearly addressed within an employment agreement. However, an employer might try to argue that an employee is being terminated for reasons that prevent the employee from being able to receive a previously agreed-upon amount of severance pay.
— Family Medical Leave Act disagreements: Under federal law, employees are able to receive time away from their jobs due to approved medical and family reasons, and they must be permitted to return to their jobs once the reason for taking leave has been resolved. However, disagreements may arise when the employee is terminated, denied medical leave or denied other provisions and rights included in this law.
Florida employees and employers who are in the midst of an employee contract dispute may be able to benefit from having an experienced employment law attorney on their side. At the Law Offices of Gary A. Costales, PA, we have employment law attorneys available to speak to Florida residents about their cases and advise them of their legal rights and options.