4 Different Types of Florida Employment Agreements

While there are different ways to classify employment contracts, one of the most common ways is to break them down by how they’re formed. However, they can also be divided by compensation as with hourly and salaried agreements, or even tailored specifically for executives or other high-level positions in the company. Regardless of how you want to look at them, employment agreements are a great way for businesses to limit potential disputes, liability, and even litigation down the line.

At-Will Employment Contracts

Florida, like most states, is an “at-will” or “right to work” state. This means that employees can be fired for any reason that isn’t explicitly illegal, such as retaliation or racial discrimination. All employment agreements in Florida – whether written, spoken, or implied – are at-will employment agreements by default. If a different relationship is desired, then it needs to be stated outright in the contract.

Written Employment Contracts

It’s always a good idea to get a contract in writing. You can still hire employees “at-will” with a written agreement in place, although this is usually reserved for non-executives. It’s common for executives, specialists, and other high-level employees to agree to stay with a company for a certain timeframe so long as the employer gives them a written guarantee that the employee won’t be fired without good cause, such as if they are caught embezzling or engaged with another felonious activity.

Oral Employment Agreements

Oral or spoken agreements are exactly what they sound like – contracts made by way of conversation. The “provisions” of an oral contract are some of the hardest to prove in a court of law. This is because the argument will ultimately come down to hearsay. Still, just because it’s riskier doesn’t mean that it’s impossible for such an arrangement to work. Entering an oral employment contract can be as simple as accepting a job offer with details as to salary, schedule, and starting date.

Implied Employment Agreements

Implied contracts or “contracts implied in fact” are basically a hybrid of written and oral agreements. This kind of employment contract is created by the actions and conduct of the two parties. According to Florida law, implied contracts are formed under certain circumstances when both employer and employee knowingly engage in an activity where each knows – or could reasonably be expected to know – that a legal agreement is being formed. A common example of this is when one person does work for another without previously agreeing on payment. Just because an employer doesn’t specify the wage doesn’t mean that they can avoid paying at all.

No matter the position, an employment agreement is the best way to protect your rights. For more on hourly, salaried, and executive employment agreements, call us at (727) 279-5037 or visit our service pages.

Image Source: Man Sitting in Front of Keyboard by Jopwell under Pexel’s Photo License.