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Pros and Cons of Employment Contracts to Protect Your Florida Business

Written on October 14, 2021

Among your top priorities as a Florida business owner is protecting your company against losses from any source. Therefore, it is understandable that you would consider options to safeguard your interests in the context of the employer-employee relationship. Contracts are useful for establishing rights and responsibilities for many corporate activities, but they are not required for employment. Your main concerns as an employer are wage and hour laws, avoiding discrimination issues, and other regulatory compliance. With these structures in place, you might wonder whether a written employment contract makes sense.

Your Clearwater contracts lawyer is the best source for advice and counsel on whether employment agreements are a wise choice for meeting your business goals. Still, you might benefit from some general information on the pros and cons of employment contracts to protect your Florida business.

Pros v. Cons of Employment Contracts

Depending on your industry and business operations, you will probably consider an employment agreement for some – not all – members of your workforce. A closer look reveals:

Pros: Every company has important intellectual property and trade secrets to protect, and an employment contract is the most effective way to include restrictive covenants. From the standpoint of attracting and retaining talent, these agreements give you a competitive advantage because they give employees job security. It is also easier to enforce basic policies related to hours, attire, and workplace discrimination.
Cons: Because you will typically list exact events that trigger termination, it will be more difficult to let someone go. One way to address such a situation is to include a provision that specifically incorporates Florida employment-at-will concepts. In addition, you will need to account for promotions and raises, typically through amendments. According to the fundamentals of contract law, you will need consideration to support changes. The logistics can be inconvenient, but attention to detail is critical.

Alternatives for Protecting Your Company

The pros and cons of employment agreements are important, but there are other legal options for achieving your business objectives. These alternatives will also be useful for the members of your workforce who may not be covered by an employment contract. A Florida contract law attorney can provide additional information on:

  • Preparing an offer letter for a job prospect that defines the terms of hiring, salary, and benefits;
  • Drafting an employee manual that applies to all personnel, outlining policies on employment discrimination, sexual harassment, and related human resource details; and
  • Severance agreements can be effective in protecting intellectual property misuse and trade secret misappropriation by an exiting employee.

A Clearwater, FL Contracts Lawyer Can Advise You on Employment Agreements

Weighing these pros and cons provides you with valuable insight, but it is smart to retain a Florida business law attorney for help with drafting, negotiating, and enforcing employment agreements. Our team at Clearwater Business Law assists clients throughout Pinellas County with a wide range of legal issues, including the contracts you deal with on a daily basis. Please call (727) 785-5100 to set up a consultation today.

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I strongly endorse Andrew Mongelluzzi. He is a very skilled and able business attorney focused on customer service and results. On the front end, Andrew deftly advises new businesses on organizing properly, acquiring necessary licenses, contracting with vendors & customers, and dealing with various compliance issues that may arise. On the back end when things go south, Andrew counsels and navigates businesses through complex commercial disputes and aggressively represents them in negotiations, mediation, arbitration, and in litigation so that businesses can legally move on and get back to business. Andrew’s ability to identify legal issues and approaches to resolve business-related issues is a strength that I have learned from and professionally relied upon in approaching the business matters and cases that I handle. I regularly refer business to Andrew knowing that he will diligently represent his business clients and their best interests.
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Attorney Mongelluzzi and his team provided excellent and quality service. I always felt that my needs were met and that the firm was invested in me and my case. The quality services I received at Mongelluzzi’s firm were remarkable. From the initial meeting they were responsive to my calls, questions and concerns. All issues were handled professionally and timely, easily accessible, got back to me quickly, aggressive and got me the results that I wanted. Attorney Mongelluzzi and his staff all gave my case their personal attention and provided the quality of work that anyone would want when hiring an attorney.

- Client

Andrew is very thorough defining the outcome expectations. In my case, it was setting up a new corporate entity. He advised me on the most beneficial option and he then executed on that path. Andrew is a very pleasant person to work with. He is determined, skilled and committed to his client’s success.

- Gil Pinney

Andrew helped me through a difficult situation with American Express and we won the case. A great job by Andrew! He also helped me with T&C’s in my company. I would recommend Andrew highly as an attorney.

- John Sams

As a business owner for 12 years I have seen my fair share of ups and downs. Some of the downs would include landlord/tenant disputes and creditors that may have not been fulfilled to agreement. Andrew has met both of these situations for me in a timely, positive, and affordable manner.

- Rich Mattes

It was very nice to have a lawyer who not only is fierce in negotiations but has been successful in business. This is a lethal combination. I was glad he was on my side.

- Nigel Castanheiro

Andrew helped me with a contract litigation case. The lawyers battled it out for over a year and we finally got a reasonable settlement offer. Then the other side tried to back out. Andrew figured out how to force the other side to honor the deal and really knows his way around the court system. Definitely feel comfortable using him again.

- John Ellis

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