It Begins and Ends With A Contract
Employers often present employees with a substantial amount of paperwork for review and signature during the new-hire process. The most crucial of these items is the contract or employment agreement, which outlines the terms of employment and sets binding parameters for the employment relationship. With a significant volume of information for both parties to process and sign at the beginning of this relationship, thorough review and clear discussion of terms is key to avoiding oversight, misunderstanding, or unlawfulness with regard to contract provisions. The parties want to be absolutely sure that they understand what they’re getting into, and lay out their formal expectations as clearly as possible.
How Contracts Are Treated Under Florida Law
Under current Florida law, employees are generally deemed to have read any document signed, even if they haven’t actually read it. One can imagine here where the potential complications may arise in the case of an employment relationship where the binding terms are not actually reviewed by one of the parties, though legally presumed and in binding effect as such. There may also be some cases where contract terms are construed as ambiguous and therefore reasonably subject to dispute or various interpretations, which is a situation the parties should diligently work to avoid. Clarity at the beginning of the employment relationship will greatly contribute to stability and set a strong precedent for trust.
Drafting A Contract That Works
It is critical for employment documents and contracts to be properly constructed and drafted in order to comply with applicable law, and to ensure their actual enforceability. The mere existence of certain unlawful contract terms, such as a restriction from discussing pay with coworkers or forming a union, is enough for an employer to be sanctioned by the National Labor Relations Board, regardless of actual enforcement. It’s therefore important for an employer to draft a contract that is lawful and enforceable. Permitting an employee the opportunity to obtain an attorney review of a contract is mutually beneficial — it enables an employee to better understand and review contract terms, but also ensures that an employer is able to demonstrate good faith and ensure possible eventual enforcement of contract terms. It also protects an employer against the sometimes confusing and bewildering situation when an employee unilaterally crosses out certain terms prior to execution.
We have significant experience in contract review and revision, as well as other documents and matters that pertain to the employment relationship. Whether you are an employer or employee, contact us today to schedule a consultation for thorough document review and valuable legal advice.