EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is entered into as of [[Effective Date]] by and between:
Employer: [[Employer Full Legal Name or Company Name]], a [[Florida corporation / LLC / other]] ("Employer" or "Company")
Address: [[Company Street Address, City, Florida, ZIP Code]]
Employee: [[Employee Full Legal Name]] ("Employee")
Address: [[Employee Street Address, City, State, ZIP Code]]
Social Security No. (last 4 digits): [[XXXX]]
(Employer and Employee are collectively the "Parties.")
1. Employment
1.1 Position. Employee is employed as [[Job Title, e.g., Senior Software Engineer / Marketing Director / Sales Representative]], reporting to [[Supervisor Name and Title]].
1.2 Start Date. Employment commences on [[Start Date]].
1.3 Duties. Employee shall perform the duties and responsibilities described in Exhibit A (Job Description), as updated by Employer from time to time, and such other duties as reasonably assigned by Employer consistent with Employee's position.
1.4 Full-Time Commitment. Unless otherwise agreed, Employee's position is full-time ([[40 hours per week / other schedule]]). Employee shall devote their primary professional time and effort to Employer's business.
1.5 Remote / Hybrid / In-Office. Employee's primary work location:
- [ ] In-Office: [[Office Address, City, Florida]]
- [ ] Remote: Employee works remotely from [[State]], subject to Employer's remote work policy.
- [ ] Hybrid: [[Describe schedule, e.g., 3 days in-office, 2 days remote]]
2. Term of Employment
Select one:
[ ] 2A - AT-WILL EMPLOYMENT (Florida Default):
Employment is at-will pursuant to Florida law (Fla. Stat. § 448.045). Either Party may terminate employment at any time, for any reason or no reason, with or without cause, subject to any notice or severance provisions in this Agreement. This at-will relationship may not be modified except by a written amendment signed by both Parties.
[ ] 2B - FIXED-TERM EMPLOYMENT:
Employment is for a fixed term beginning [[Start Date]] and ending [[End Date]] (the "Term"), unless earlier terminated pursuant to Section 12. At the end of the Term, employment shall:
- [ ] Convert to at-will; OR
- [ ] Expire automatically without obligation of either Party.
Notice Period (if applicable): Either Party may terminate at-will employment upon [[2-weeks' / 30-days']] written notice, provided that Employer may, in its discretion, waive the notice period and pay Employee in lieu of notice.
3. Compensation
3.1 Base Salary / Wage. Employer shall pay Employee:
- [ ] Annual Salary: $[[Annual Salary Amount]], payable in equal installments [[bi-weekly / semi-monthly / weekly]] (equivalent to $[[Per-Pay-Period Amount]] per pay period), less all applicable withholdings and deductions.
- [ ] Hourly Wage: $[[Hourly Rate]] per hour for all hours worked, with overtime at 1.5× the regular rate for all hours over 40 in a workweek, as required by the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219.
3.2 FLSA Classification. Employee's position is classified as:
- [ ] Exempt from FLSA overtime requirements under the [[Executive / Administrative / Professional / Highly Compensated Employee / Outside Sales / Computer Employee]] exemption (29 C.F.R. Part 541). As an exempt employee, Employee is paid on a salary basis and is not entitled to overtime pay.
- [ ] Non-Exempt from FLSA overtime requirements. Employee is entitled to overtime pay at 1.5× the regular rate for all hours over 40 in a workweek.
Note: Florida has no state overtime law separate from the FLSA; the FLSA governs overtime. Misclassification of employees as exempt can result in significant FLSA liability. Verify the applicable exemption with employment counsel.
3.3 Pay Frequency. Employer pays [[bi-weekly / semi-monthly / weekly]]. Florida does not impose a mandatory pay schedule by statute for most private employers, but Employer's established pay schedule is as stated.
3.4 Florida Minimum Wage. All compensation is subject to Florida's minimum wage, which increases annually per Amendment 2 (Art. X, § 24, Fla. Const.). Effective [[January 1, 2026]], the Florida minimum wage is $[[Current Florida Minimum Wage - verify with Florida Department of Economic Opportunity; was $14.00/hr as of Sept. 30, 2024; increasing to $15.00/hr as of September 30, 2026]] per hour. This Agreement shall not compensate Employee below the applicable minimum wage.
4. Bonus and Incentive Compensation
4.1 Performance Bonus. Employee is eligible for an annual performance bonus targeted at [[___%]] of annual base salary ([[Target Bonus Amount]]), based on achievement of the performance goals in Exhibit B. Payment, if any, is at Employer's sole discretion. No bonus is guaranteed.
4.2 Commission. [If applicable] Employee may earn commission compensation in accordance with the commission plan in Exhibit C, which may be amended by Employer with [[30 days']] written notice.
4.3 Equity / Stock Options. [If applicable] Employee is [ ] eligible / [ ] not eligible for equity awards (stock options, restricted stock units, profit-sharing interests) subject to the terms of a separate equity award agreement and the Company's equity plan.
5. Benefits
5.1 Health Insurance. Employer offers health insurance coverage [[under the Company's group health plan / Employee is responsible for their own coverage]]. Employee contribution: [[Description of employee premium share]].
5.2 Dental and Vision. [[Offered / Not offered]].
5.3 Retirement Plan. [[401(k) plan with employer match of __% up to __% of salary / No retirement plan offered]].
5.4 PTO / Vacation. Employee accrues [[number]] vacation days per year, accruing at [[rate]] per pay period. Florida does not mandate paid vacation or PTO for private employers; PTO is governed entirely by this Agreement and Employer's policy.
Florida Note on PTO: Florida law does not require "use-it-or-lose-it" policies to pay out unused PTO upon termination unless Employer's policy provides for payout. Employer's policy on PTO payout at termination: [[PTO paid out / PTO forfeited / PTO paid out only if employee gives required notice]].
5.5 Sick Leave. [[Number of days]] paid sick days per year, non-accruing / accruing at [[rate]].
Note: Florida does not have a statewide mandatory paid sick leave law (as of June 2026), but local ordinances may apply. Verify current local requirements (e.g., some Florida municipalities have adopted paid sick leave ordinances).
5.6 Holidays. [[Number]] paid holidays per year per the Company holiday schedule.
5.7 Other Benefits. [[List other benefits: FSA, HSA, life insurance, disability, tuition reimbursement, employee assistance program, etc. - or "None"]].
5.8 Benefits Changes. Employer reserves the right to modify, amend, or terminate benefit plans at any time in accordance with applicable law and plan terms.
6. Confidential Information and Trade Secrets
6.1 Definition. "Confidential Information" means all information and data of Employer or its clients that is not generally known to the public, including: business plans, strategies, financial data, customer lists, pricing, product formulas, technical data, trade secrets, proprietary software, and other information designated as confidential.
6.2 Employee's Obligations. Employee shall:
- (a) Hold all Confidential Information in strict confidence;
- (b) Use Confidential Information only for Employer's benefit in performing employment duties;
- (c) Not disclose Confidential Information to any third party without Employer's prior written consent; and
- (d) Return all Confidential Information and property to Employer upon termination.
6.3 Florida Trade Secrets Act. Employee acknowledges that Confidential Information may constitute trade secrets under the Florida Uniform Trade Secrets Act (Fla. Stat. §§ 688.001-688.009). Employee agrees not to misappropriate any trade secrets, as defined by that Act.
6.4 Defend Trade Secrets Act (DTSA). Employee acknowledges rights under the federal Defend Trade Secrets Act (18 U.S.C. § 1836 et seq.), including the immunity under 18 U.S.C. § 1833(b): an employee shall not be held criminally or civilly liable for disclosure of a trade secret in confidence to a federal, state, or local government official or attorney solely for the purpose of reporting a suspected violation of law.
6.5 Duration. Confidentiality obligations survive termination of employment indefinitely for trade secrets and for [[2 / 3 / 5]] years for other Confidential Information.
7. Intellectual Property Assignment
7.1 Work Made for Hire. All work product created by Employee within the scope of employment is "work made for hire" under 17 U.S.C. § 101 and is the sole property of Employer.
7.2 Assignment. Employee hereby irrevocably assigns to Employer all right, title, and interest in and to all inventions, discoveries, developments, improvements, innovations, processes, formulas, computer programs, software, designs, documentation, and other work product (collectively "Inventions") that Employee conceives, develops, or reduces to practice:
- (a) Within the scope of employment;
- (b) Using Employer's resources, facilities, time, or information; OR
- (c) Relating to Employer's actual or demonstrably anticipated business or research.
7.3 Prior Inventions. Employee's inventions and IP existing before employment, if any, are listed in Exhibit D (Prior Inventions). Employer claims no interest in those listed inventions. If no inventions are listed, Employee represents they have no prior inventions to exclude.
7.4 Assistance. Employee agrees to execute all documents and take all actions reasonably necessary to perfect Employer's IP rights, including patent, copyright, and trademark applications.
7.5 No Florida Employee Invention Statute. Unlike some states (e.g., California, Delaware), Florida has no statute protecting employee inventions unrelated to the employer's business from assignment. The assignment in this Section applies to all Inventions described above.
8. Restrictive Covenants
8.1 Florida Non-Compete Enforceability
Florida's non-compete statute (Fla. Stat. § 542.335) is strongly pro-enforcement and requires courts to enforce reasonable non-competition and non-solicitation agreements. Unlike California (which generally voids non-competes), Florida:
- Allows non-compete agreements with any employee, independent contractor, or business partner;
- Requires that the agreement protect a legitimate business interest (Fla. Stat. § 542.335(1)(b)); and
- Applies a burden-shifting framework: the party seeking enforcement bears the burden of establishing reasonableness; the party challenging it must establish that it is unenforceable.
FTC Non-Compete Rule Note: The Federal Trade Commission issued a Final Rule in April 2024 that would have banned most non-compete agreements nationally. However, the rule was vacated by federal courts (Ryan LLC v. FTC, N.D. Tex., Aug. 20, 2024; affirmed on appeal). As of June 2026, the FTC Rule is not in effect. Florida's Fla. Stat. § 542.335 continues to govern non-competes in Florida. Consult counsel regarding any subsequent developments.
8.2 Non-Competition Agreement
During employment and for a period of [[6 months / 1 year / 2 years]] following termination of employment for any reason ("Restricted Period"), Employee shall not, directly or indirectly:
- Own, operate, manage, control, be employed by, consult for, or otherwise engage in any business that competes with Employer's business in [[the State of Florida / named counties / the United States]] (the "Restricted Territory").
Legitimate Business Interest(s) Justifying This Restriction (Fla. Stat. § 542.335(1)(b)):
- [ ] Trade secrets or confidential business information;
- [ ] Substantial relationships with specific existing or prospective customers;
- [ ] Customer goodwill associated with Employer's ongoing business;
- [ ] Extraordinary or specialized training provided by Employer;
- [ ] Other: [[Describe]].
8.3 Non-Solicitation of Customers
During employment and for [[1 year / 2 years]] after termination, Employee shall not directly or indirectly solicit, do business with, or attempt to divert or take away any customer or prospective customer of Employer whom Employee had material contact with during the last [[12 / 24]] months of employment.
8.4 Non-Solicitation of Employees
During employment and for [[1 year / 2 years]] after termination, Employee shall not directly or indirectly solicit, recruit, encourage, or induce any employee or contractor of Employer to terminate their relationship with Employer.
8.5 Remedies
Employee acknowledges that a breach of Sections 8.2-8.4 would cause irreparable harm for which monetary damages are inadequate. Employer shall be entitled to seek injunctive relief (without bond or other security, to the extent permitted by Fla. Stat. § 542.335(1)(j)) and all other available remedies, including attorneys' fees. In Florida, courts may modify an overly broad non-compete to make it enforceable rather than voiding it entirely.
9. Non-Disparagement
During and after employment, Employee shall not make any materially false, disparaging, or defamatory statement about Employer, its officers, directors, employees, products, or services, in any medium (including social media). This obligation does not limit Employee's right to make truthful statements or to exercise rights protected by the National Labor Relations Act (NLRA).
10. Code of Conduct; Employer Policies
Employee agrees to comply with all Employer policies, procedures, and codes of conduct, as updated from time to time. Employer shall provide Employee with a copy of current policies upon request. Policy violations may result in disciplinary action up to and including termination.
11. Background Check and Drug Testing
11.1 Background Check. This Agreement is contingent upon satisfactory completion of a background check under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. A separate FCRA disclosure and authorization form will be provided.
11.2 Drug Testing. Employee [ ] is / [ ] is not required to submit to pre-employment and/or random drug testing pursuant to Florida's Drug-Free Workplace Act (Fla. Stat. §§ 440.101-440.102).
12. Termination
12.1 By Employee. Employee may terminate employment at any time upon [[2-weeks' / 30-days']] written notice to Employer. Employer may accept the resignation immediately and pay salary in lieu of the notice period.
12.2 By Employer - Without Cause (At-Will). If at-will, Employer may terminate at any time without cause.
12.3 By Employer - With Cause. Employer may terminate Employee immediately for Cause, including:
- (a) Material breach of this Agreement, including confidentiality or IP obligations;
- (b) Fraud, dishonesty, theft, or serious misconduct;
- (c) Gross negligence or willful misconduct;
- (d) Conviction of a felony or crime of moral turpitude;
- (e) Repeated failure to perform job duties after written notice; or
- (f) Material violation of Employer's policies.
12.4 Severance. Upon termination without cause by Employer:
- [ ] No severance - Employee is not entitled to severance beyond accrued salary and any required PTO payout.
- [ ] Severance offered - Employer shall pay [[___ weeks' / months' salary]] as severance, contingent upon Employee's execution of a release of claims in favor of Employer within [[21 / 45]] days of termination.
12.5 Return of Property. Upon termination, Employee shall immediately return all Employer property, equipment, records, data, and Confidential Information, and shall delete any Employer data from personal devices.
12.6 Final Paycheck. Florida does not have a specific statute requiring immediate final paycheck upon termination; the final paycheck is due on the next regular payday following termination (verify current Florida Department of Economic Opportunity guidance).
13. Arbitration and Dispute Resolution
13.1 Arbitration. Any dispute arising out of or relating to this Agreement, or Employee's employment or termination, shall be resolved by binding arbitration administered by the [[American Arbitration Association (AAA) / JAMS]] under its [[Employment Arbitration Rules / other applicable rules]], with a single arbitrator, conducted in [[City, Florida]].
Note: Class action waiver may be included; however, class action waivers must be carefully drafted and are subject to NLRA scrutiny. Consult employment counsel.
13.2 Applicable Law. The Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16, governs arbitrability of this provision. The substantive law of Florida governs all other matters.
13.3 Exceptions. Notwithstanding the arbitration provision, either Party may seek emergency injunctive or declaratory relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.
14. General Provisions
14.1 Governing Law. This Agreement is governed by the laws of the State of Florida, without regard to conflicts-of-law principles.
14.2 Venue. If any claim is not subject to arbitration, the exclusive venue is [[County Name]] County, Florida.
14.3 Entire Agreement. This Agreement (and exhibits) constitutes the entire agreement between the Parties regarding Employee's employment and supersedes all prior agreements, understandings, and representations.
14.4 Severability. If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force. Courts shall modify (rather than void) any overreaching restrictive covenant under Fla. Stat. § 542.335.
14.5 Modification. This Agreement may only be modified by a written amendment signed by both Parties.
14.6 Waiver. Failure to enforce any provision shall not be a waiver of the right to enforce that or any other provision.
14.7 Notice. All notices shall be in writing and delivered by hand, certified mail, or confirmed email to the addresses above.
14.8 No Third-Party Beneficiaries. This Agreement is for the benefit of the Parties only.
14.9 Counterparts; Electronic Signatures. This Agreement may be signed in counterparts; electronic signatures are valid.
Signatures
EMPLOYER:
Signature: ______________________________
Printed Name: [[Authorized Signatory Name]]
Title: [[CEO / President / HR Director / Other]]
Date: ______________________________
EMPLOYEE:
I acknowledge that I have read, understand, and agree to this Employment Agreement, including the restrictive covenants, and that I had the opportunity to consult with legal counsel before signing.
Signature: ______________________________
Printed Name: [[Employee Full Legal Name]]
Date: ______________________________
Exhibit A - Job Description
Position: [[Job Title]]
Department: [[Department]]
Reports To: [[Supervisor Name and Title]]
Location: [[Office Address / Remote / Hybrid]]
Key Responsibilities:
- [[Responsibility 1]]
- [[Responsibility 2]]
- [[Responsibility 3]]
Required Qualifications: [[Education / Experience / Certifications]]
Preferred Qualifications: [[Additional qualifications]]
Exhibit B - Performance Bonus Targets
| Goal | Weight | Measurement | Target |
|---|---|---|---|
| [[Revenue / Sales Target]] | [[__%]] | [[KPI description]] | [[Amount / %]] |
| [[Customer Satisfaction / NPS]] | [[__%]] | [[Survey score]] | [[Target score]] |
| [[Individual Performance Goal]] | [[__%]] | [[Manager evaluation]] | [[Description]] |
| Total | 100% | | |
Exhibit C - Commission Plan (if applicable)
[[Describe commission structure, rates, payment timing, clawback provisions, and calculation methodology, or "Not applicable"]]
Exhibit D - Prior Inventions (Employee's Pre-Existing IP)
Employee identifies the following pre-existing inventions, if any, that are excluded from the IP assignment in Section 7:
| Description of Invention | Date Created (Approximate) |
|---|---|
| [[Describe pre-existing invention, if any]] | [[Date]] |
If blank, Employee represents they have no prior inventions to exclude.
> DISCLAIMER: This document is a template for informational purposes only and does not constitute legal advice. Florida employment law (including Fla. Stat. § 542.335 for non-competes, Fla. Stat. §§ 440.101-440.102 for drug testing, and the Florida Uniform Trade Secrets Act) governs this Agreement. FLSA exempt/non-exempt classification requires fact-specific analysis; consult legal counsel. The FTC Non-Compete Rule is currently not in effect as of June 2026; verify current federal regulatory status. No attorney-client relationship is created by use of this template.
Sources (as of June 2026):
- Fla. Stat. § 448.045 (Florida at-will employment)
- Fla. Stat. § 542.335 (Florida non-compete enforcement statute)
- Fla. Stat. §§ 688.001-688.009 (Florida Uniform Trade Secrets Act)
- Fla. Stat. §§ 440.101-440.102 (Florida Drug-Free Workplace Act)
- Art. X, § 24, Fla. Const. (Florida minimum wage - Amendment 2; $13.00/hr as of Sept. 30, 2023; $14.00/hr as of Sept. 30, 2024; $15.00/hr as of Sept. 30, 2026 - verify)
- Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219
- 29 C.F.R. Part 541 (FLSA overtime exemptions)
- Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq.
- Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1836 et seq.
- Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16
- FTC Non-Compete Rule: Ryan LLC v. FTC (N.D. Tex., Aug. 2024 - vacated; affirmed on appeal)
- I.R.C. §§ 3401-3406 (federal income tax withholding)
