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employment contracts Archives

3 challenges to a noncompete agreement

It is standard practice in many industries for employers to have staff sign noncompete agreements. Companies create these types of employment contracts to protect their trade secrets and clients, but the agreements can have the unfortunate effect of seriously limiting an employee's ability to pursue other career opportunities or otherwise advance. If you have found yourself in such a situation, there are several things you may be able to do.

AutoNation will not rule out employment for marijuana users

Countless American employees live in fear of losing their jobs as a result of testing positive for marijuana. With numerous states legalizing pot for medical and recreational purposes, the question of whether employers can base hiring and firing off the use of marijuana is certainly called into question. In Florida, though, employers can still fire their employees if they test positive for using marijuana.

Supreme court ruling changes Florida noncompete law

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.

Employment contract law in Miami

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.

A checklist for what your employment contract should include

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.

Employment contract reviews in Florida

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.

What information should a non-compete agreement include?

A non-compete agreement, also known as a covenant not to compete, may seem like a very straightforward contract. The truth is that it is a very subjective type of agreement. This type of document relies on factors and details specific to the situation for it to be enforceable. If the document is clearly written and presents reasonable arguments, the court is likely to uphold the contract.

The difference between a minor and material breach of contract

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.

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