Employment/Non- Compete Disputes
Employment law is incredibly important to protect Florida’s workforce, but it is also an exceedingly complicated area of law. Florida’s employment laws are covered by the United States Supreme Court, the Eleventh Circuit Court of Appeals, the Florida Supreme Court, the Occupational Safety and Health Administration, the Florida Department of Labor and Employment Security and the Florida Commission on Human Relations. If you have a concern regarding employment laws, it is imperative that you speak with an attorney who is skilled and experienced with this complex area.
Seidensticker and San Filippo are skilled at handling the following types of employment contract disputes:
- Contract disputes
- Breach of contract
- Failure to pay employee
- Wrongful termination
- Non-compete agreements
An employment relationship requires establishing contracts that set out the rights and obligations of employers and employees. Especially in businesses that have access to valuable client lists, intellectual property or specialized industry knowledge, employment contracts are invaluable tools to protect the company’s integrity and viability in a competitive climate. Even the best-written contracts cannot take into account every potential issue that may arise. Seidensticker and San Filippo are skilled litigators who can help you to resolve your employment dispute.
Breach of Contract
Sometimes an employer will provide an employment agreement that provides special protections to the employment relationship. These protections may include a specified period of employment and a restriction that the employer cannot terminate the employee without cause. If either the employer or the employee breaks the employment agreement, they may be liable for breach of contract.
Failure to Pay Employee
Employment laws protect employees, ensuring that they are paid a fair wage for the work that they provide. The law provides special provisions for minimum wage, overtime eligibility and commission payment. Failure to pay an employee the appropriate compensation can result in breach of contract, misrepresentation or unjust enrichment claims.
Florida is an at-will state, meaning that an employer can fire an employee without any reason as long as they are not acting illegally or discriminating against the employee. An employee who has been wrongfully terminated may be eligible to recover the following:
- Reinstatement of employment
- Back pay
- Compensation for emotional distress
- Punitive damages
Non-compete agreements are designed to prevent unfair competition with a company. An employee may be asked to sign a non-compete agreement as a part of the initial employment agreement, as a condition of accepting employment with the employer. These agreements prevent former employees from divulging trade secrets or client information upon the termination of their employment with that company. A trade secret refers to confidential information held by the company that may give its use an advantage over its competitors. Trade secrets are considered the property of the employer, and no one is allowed to share this information without the employer’s permission.
Florida imposes limits to the scope of a non-compete agreement. An enforceable non-compete agreement must be confined to a specific geographic area for a limited period of time. The idea is to prevent the former employee from attaining immediate employment with a competitor without unreasonably restricting the employee’s ability to earn a good living using his or her past work experience, skills and knowledge.
Seidensticker and San Filippo, Skilled Employment Litigators
Seidensticker and San Filippo are skilled business attorneys who offer professional, customized services for our clients. We are tireless advocates skilled at handling employment litigation cases. Contact us
today for a consultation.