LibGuides: Understanding Employer-Employee Relationships by Leticia Gonzalez-Estefani: Pleadings & Practitioner Items

5A Florida Jur Forms Legal & Bus. § 20:21: Offer of Employment

Dear [name of applicant]:

We are pleased to offer you employment as [description of employment] at our [location of plant] in the [name of department] at $[dollar amount of wage] per [hour/week]. Please report to [location of work] at [time of commencement] and ask for [name of authorized representative].

[As we discussed, you or the company may terminate the employment relationship for any reason, at any time, without notice/As we discussed, you or the company may terminate the employment relationship for any reason by giving [number of days] days notice].

The foregoing constitutes all of our agreements and understandings regarding your employment. There are no other oral or written agreements regarding your employment and no one else is authorized to make any other agreements.

If the foregoing is acceptable, please sign the extra copy of this letter and return it to me.

[Name of employer]

By:

[Name of authorized representative]

[Title of authorized representative]

5A Florida Jur Forms Legal & Bus. § 20:22: Contract of Employment

This agreement is made on [date of agreement] at the City of [name of city], County of [name of county], State of Florida, between [name of employer], employer, and [name of employee], employee.

Recitals

A. Employer is engaged in the [type of business] business and maintains [an office/a warehouse/[place of business]] in the City of [name of city], County of [name of county], State of Florida.

B. Employee is willing to be employed by employer, and employer is willing to employ employee, on the terms, covenants, and conditions set forth in this agreement.

In consideration of the mutual covenants and promises of the parties, employer and employee covenant and agree as follows:

Section I. Nature of and Place of Employment

Employer does hire and employ employee as a [description of position] at [location of employment], and employee does accept and agree to the hiring and employment. Subject to the employer's supervision and pursuant to the orders, advice, and directions of employer, employee shall [description of duties], and shall perform other duties that are customarily performed by one holding this position in other similar businesses or enterprises as the business engaged in by employer, and shall also additionally render other and unrelated services and duties that may be assigned to employee from time to time by employer.

Section II. Manner of Performance of Employee's Duties

Employee agrees to perform, at all times faithfully, industriously, and to the best of employee's ability, experience, and talent, all of the duties that may be required of and from employee pursuant to the express and implicit terms of this agreement, to the reasonable satisfaction of employer. These duties shall be rendered at [location of performance of duties] and at any other place or places that employer shall in good faith require or that the interests, needs, business, and opportunities of employer shall require.

Section III. Duration of Employment

The term of this agreement shall be for a period of [number of years] years, commencing on [date of commencement], and terminating on [date of termination], subject, however, to prior termination as provided below.

Section IV. Payment and Reimbursement

Employer shall pay employee and employee agrees to accept from employer, in full payment for employee's services under this agreement, compensation at the rate of $[dollar amount of sum] per year, payable twice a month on the [ordinal number of day 1] and [ordinal number of day 2] days of each month during which this agreement shall be in force.

In addition, employer agrees that it will reimburse employee for any and all necessary, customary, and usual expenses incurred by employee while traveling for and on behalf of the employer pursuant to employer's directions.

Section V. Option to Terminate Contract for Permanent Disability of Employee

Notwithstanding anything in this agreement to the contrary, employer has the option to terminate this agreement in the event that during its term employee shall become permanently disabled as the term permanently disabled is defined below. This option shall be exercised by employer's giving of notice to employee by registered mail, addressed to employee in care of employer at [address of employer], or at another address that employee shall designate in writing, of its intention to terminate this agreement on the last day of the month during which the notice is mailed, and on the giving of the notice, this agreement and the term of this agreement come to an end on the last day of the month in which the notice is mailed, with the same force and effect as if that day were originally set forth as the termination date. For the purposes of this agreement, employee shall be deemed to have become permanently disabled if, during any year of the term of this agreement, because of ill health, physical or mental disability, or for other causes beyond employee's control, he or she shall have been continuously unable or unwilling or have failed to perform the duties required under this contract for [number of days] consecutive days, or if, during any year of the term of this agreement, employee shall have been unable or unwilling or have failed to perform his or her duties for a total period of [number of days] days, either consecutive or not. For the purposes of this agreement, the term “any year of the term of this agreement” is defined to mean any period of 12 calendar months commencing on the first day of [name of month] and terminating on the [ordinal number of day] day of [name of month] of the following year during the term of this agreement.

Section VI. Discontinuance of Business as Termination of Employment

Notwithstanding anything in this agreement to the contrary, in the event that employer shall discontinue operating its [description of type of business] at [location of operations], then this agreement will terminate as of the last day of the month in which employer ceases operations at [location of operations] with the same force and effect as if that day were originally set forth as the termination date of this agreement.

Section VII. Devotion by Employee of Full Time to Business

Employee shall devote all employee's time, attention, knowledge, and skill solely and exclusively to the business and interest of employer, and employer shall be entitled to all of the benefits, emoluments, profits, or other issues arising from or incident to any and all work, services, and advice of employee, and employee expressly agrees that during the term of this agreement he or she will not be interested, directly or indirectly, in any form, fashion, or manner, as partner, officer, director, stockholder, advisor, employee, or in any other form or capacity, in any other business similar to employer's business or any allied trade; provided, however, that nothing shall be deemed to prevent or limit the right of employee to invest any of employee's funds in the capital stock or other securities of any corporation whose stock or securities are publicly owned or are regularly traded on any public exchange, nor shall anything be deemed to prevent employee from investing or limit employee's right to invest employee's funds in real estate.

Section VIII. Nondisclosure of Information Concerning Business

Employee further specifically agrees that he or she will not at any time, in any manner, either directly or indirectly, communicate to any person, firm, or corporation any information of any kind concerning any matters affecting or relating to the business of employer, including, without limiting the generality of the foregoing, the names of any of its customers, the prices it obtains or has obtained or at which it sells or has sold its products, or any other information of, about, or concerning the business of employer, its manner of operation, its plans, processes, or other data of any kind, nature, or description without regard to whether any or all of the foregoing matters would be deemed confidential, material, or important, the parties stipulating that as between them, the matters are important, material, and confidential and gravely affect the effective and successful conduct of the business of the employer, and its goodwill, and that any breach of the terms of this paragraph is a material breach of this agreement.

Section IX. Commitments Binding on Employer Only on Written Consent

Anything contained in this agreement to the contrary notwithstanding, it is understood and agreed that employee shall not have the right to make any contracts or commitments for or on behalf of employer without the written consent of employer.

Section X. Contract Terms to Be Exclusive

This written agreement contains the sole and entire agreement between the parties and shall supersede any and all other agreements between the parties. The parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this agreement or any representations inducing its execution and delivery except such representations as are specifically set forth in this writing and the parties acknowledge that they have relied on their own judgment in entering into the same. The parties further acknowledge that any statements or representations that may have been made by either of them to the other are void and of no effect and that neither of them has relied on such statements or representations in connection with its dealings with the other.

Section XI. Waiver or Modification Ineffective Unless in Writing

It is agreed that no waiver or modification of this agreement or of any covenant, condition, or limitation contained in it shall be valid unless it is in writing and duly executed by the party to be charged with it, and that no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this agreement, or the rights or obligations of any party under it, unless such waiver or modification is in writing, duly executed as above. The parties agree that the provisions of this paragraph may not be waived except by a duly executed writing.

Section XII. Contract Governed by Law of State of Florida

The parties agree that it is their intention and covenant that this agreement and performance under it and all suits and special proceedings relating to it be construed in accordance with and under and pursuant to the laws of the State of Florida and that in any action, special proceeding, or other proceeding that may be brought arising out of, in connection with, or by reason of this agreement, the laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action or special proceeding may be instituted.

Section XIII. Survivorship of Benefits

This agreement shall be binding on and inure to the benefit of the respective parties and their executors, administrators, heirs, personal representatives, successors and assigns.

Dated: [date of execution]

[Name of employer]

By:

[Name of authorized representative]

[Title of authorized representative]

Dated: [date of execution]

[Name of employee]

5A Florida Jur Forms Legal & Bus. § 20:24: Contract of Employment (Generic Form)

EMPLOYMENT AGREEMENT

THIS EMPLOYMENT AGREEMENT (Agreement) made as of this [date of agreement], by and between [name of employer], a Florida corporation, located at [location of employer], Florida (Employer), and [name of employee] (Employee).

RECITALS:

A. The Employer desires to retain the services of and employ the Employee pursuant to the terms and conditions of this Agreement.

B. Employee desires to render services to the Employer pursuant to the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual promises and of the covenants and agreements contained here, the Employer and Employee covenant and agree as follows:

1. Duties. Employee is being employed as a [description of employment] and as such will render to Employer those skills necessary to efficiently accomplish his or her employment including but not limited to, [list of duties]. The Employee agrees to devote such amount of time to the discharge of his or her responsibilities and duties under this Agreement as may be reasonably necessary. In discharging such duties, Employee agrees that Employee will at all times faithfully and to the best of his or her ability, experience and talents, perform all of the duties that may be required of and from Employee pursuant to the express and implicit terms of this Agreement, to the satisfaction of the Employer. The Employee shall have the responsibilities, duties and title(s) as may be set forth by the Employer.

2. Term. The term of this Agreement shall be for a period of [number of years] [year/years], commencing on [date of commencement] and expiring (unless sooner terminated as otherwise provided in this Agreement or unless otherwise renewed as set forth here) on [date of termination]. After the expiration of the initial term of this Agreement the term of employment shall be automatically extended from year to year and the terms of this Agreement will survive each [number of years] year renewal period, unless either party gives the other written notice, at least [number of days] days prior to the end of then-existing term, that the employment is to terminate.

3. Compensation. During the period of employment, the Employer agrees to compensate the Employee for services rendered under this Agreement, in accordance with the Salary Schedule attached to and incorporated in this Agreement as Exhibit “A.”

4. Vacation. The Employee shall take vacation time in such amounts during each year as is designated by the Employer on Exhibit [designation of exhibit]. The Employee shall be entitled to full compensation during the vacation period.

(a) Employee shall give Employer at least [number of days] days' notice as a condition of Employee taking vacation time.

(b) Any unused vacation time will not be carried over to the following year and if not used will be lost unless Employer consents to other arrangements.

5. Policies and Procedures. The Employer shall have the authority to establish from time to time policies and procedures to be followed by the Employee in fulfilling and discharging Employee's duties under this Agreement. The Employee agrees to comply with such policies and procedures as the Employer may promulgate from time to time.

6. Limitations on Authority. Without the express written consent of the Employer, the Employee shall have no express, apparent or implied authority to:

(a) sign documents on behalf of Employer, under any circumstances;

(b) make verbal or written representations on behalf of Employer, unless otherwise set forth in this Agreement; or

7. Termination. The Employer may terminate this Agreement as follows:

(a) In the Employer's sole and absolute discretion and WITHOUT CAUSE, Employee can be immediately discharged and this Agreement terminated. Employee recognizes that after termination, this Agreement will no longer have any force and effect and will be deemed null and void.

(b) At any time and immediately upon written notice to the Employee if the discharge is FOR CAUSE. In the notice of termination furnished to the Employee under this subparagraph (b), the reason or reasons for the termination shall be given. By way of illustration and not limitation, any one or more of the following conditions shall be deemed to be grounds for discharge of the Employee for cause under this subparagraph (b):

(i) In the event the Employee shall expressly fail or refuse to comply with the policies, standards and regulations of the Employer from time to time established;

(ii) In the event the Employee shall fail or refuse to report for work (unless otherwise excused) for a period in excess of one (1) day;

(iii) In the event that the Employee behaves in an unprofessional, immoral, or fraudulent manner, or should the Employee's conduct discredit the Employer or be detrimental to the reputation, character and standing of the Employer; and

(iv) In the event that the Employee breaches any of the mutually agreed upon covenants in this Agreement.

(c) Death of Employee: Upon the death of the Employee, this agreement shall automatically terminate, if it has not previously expired or otherwise been terminated by any party to this Agreement.

(d) This Agreement shall terminate automatically upon the filing by either party of a petition in Bankruptcy, insolvency or like proceedings, readjustment or rearrangement of the business, any adjustment for the benefit of creditors, and filing against such party of any petition in bankruptcy, insolvency or like proceedings, or the appointment of a receiver for the property or assets of such party.

8. Notice. Any notice required or permitted under this Agreement shall be deemed properly given at the time it is personally delivered or mailed, properly addressed and postpaid, to the following addresses:

Employer:	[name of employer]
	[address of employer]
Employee:	[name of employee]
	[address of employee]

9. Confidential Matters. The Employee agrees that during Employee's employment by the Employer and subsequent to the termination of Employee's employment by the Employer for any reason whatsoever and with or without cause, Employee will not release or divulge any information relating to the Employer to any other person or persons without the prior express written consent of the Employer. The Employee is aware and acknowledges that the Employee shall have access to confidential information by virtue of his or her employment and Employee agrees to keep that information confidential at all times. The type of confidential information covered by this paragraph shall include, but is not limited to, any information obtained in transcribing any and all reports, any and all information contained in such reports, list(s) of clients of Employer, computer programs and/or software as amended by Employer's trade secrets utilized by Employer and any information acquired by Employee during the course of training by Employer relating to methods and procedures to be applied while rendering services on Employer's behalf to the Employer's clients. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

10. Noncompete.

a. The Employee agrees that during Employee's employment by the Employer and for an additional period of [number of years] years from and after the expiration of this Agreement or the earlier termination of employment for any reason whatsoever (whether with or without cause), Employee will not compete directly or indirectly with the Employer and shall not either directly or indirectly have any ownership interest in, become a shareholder, director, officer or employee of or otherwise provide services to other clients Employer is now providing services for (a list of which can be obtained by requesting the same of Employer), pursuant to contract or otherwise. In addition, Employee shall not solicit business from any of the above-referenced clients of employer.

b. If, at any time, a court of competent jurisdiction determines that either the time or area restrictions of this paragraph are invalid, the parties agree that the court may establish valid time and area restrictions and the parties agree to comply with these restrictions as established by the court of competent jurisdiction. THESE PROVISIONS SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

11. Injunction Without Bond. Due to the nature of this Agreement and the services provided hereunder, the parties acknowledge that a breach of the covenants contained in Paragraphs 9 and 10 of this Agreement will result in irreparable injury to Employer and the only appropriate remedy for such breach would be an injunction. Thus, in the event there is a breach or threatened breach by the Employee of the provisions of paragraphs 9 and 10, the Employer shall be entitled to seek and obtain injunctive relief without the posting of a bond to restrain the Employee from disclosing in whole or in part any confidential matters or from rendering service to any person, firm, corporation, association or other entity, and the Employer will be entitled to reimbursement for all costs and expenses, including reasonable attorney's fees (both at the trial and appellate levels) in connection therewith. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

12. Developments by Employee. The Employee is aware and understands that during the term of his or her employment by the Employer as set forth in this Agreement, that the Employee with the financial and other assistance which may be provided by the Employer may develop and improve certain valuable property such as, but not limited to, patents, trademarks, inventions, and other trade secrets and formulas. The Employee agrees that all such matters which may be developed or produced by Employee during his or her employment by the Employer is and will be the property of the Employer and that the Employee further agrees that Employee will, at the request of the Employer, execute such documents as the Employer may request to assign and transfer all of that property to the Employer. The Employee will, at all times, fully advise and inform the Employer on all matters which the Employee may be developing or working on while employed by the Employer. The Employee further agrees that upon the expiration or earlier termination of Employee's employment for any reason whatsoever (whether with or without cause) that Employee will immediately deliver and surrender to the Employer all materials of any nature relating to the Employer in Employee's possession including, but not limited to, all customer lists, price lists, manuals, and all other material whatsoever furnished to Employee by the Employer or produced by Employee during his or her employment with the Employer. THIS CLAUSE SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

13. Liquidated Damages:

a. Employee's Breach: Due to the nature of this Agreement and to the services provided under this Agreement, the parties acknowledge and agree that it would be virtually impossible to ascertain the exact amount of damages which would be suffered by Employer if Employee breaches this Agreement by failing to render services for the full term of this Agreement. Consequently, the parties agree that, if Employee terminates his or her employment prior to the end of the terms set forth in Paragraph 2 of this Agreement, Employee will pay to Employer an amount equal to those sums which were actually paid by Employer to Employee for the [number of weeks] week period immediately preceding the breach of this Agreement by Employee. Employee further agrees to allow Employer to withhold and set-off against any and all payments due Employee by Employer, at the time of breach, as part or all of the liquidated damages due Employer for the breach.

b. Employer's Breach: The parties to this Agreement also agree that it would be virtually impossible to ascertain the exact amount of damages which would be suffered by Employee if Employer discharged Employee WITHOUT CAUSE, pursuant to Paragraph 7 of this Agreement. Consequently, the parties agree that, if Employer discharges Employee WITHOUT CAUSE, Employer will pay to Employee an amount equal to those sums which were actually paid by Employer to Employee for the [number of weeks] week period immediately preceding termination by Employer.

14. Severability. If any provision of this Agreement, the deletion of which would not adversely affect the receipt of any material benefit by or in favor of any party or substantially increase the burden of any party to this Agreement, shall be held to be invalid or unenforceable to any extent, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement.

15. Governing Law, Jurisdiction and Venue. This Agreement shall be construed in accordance with and shall be governed by the laws of the State of Florida, and venue of any action hereunder shall lie solely with the courts in and for [name of county], Florida, to which jurisdiction each of the parties agrees to submit for the purposes of any litigation involving this Agreement.

16. Attorney's Fees and Costs. In the event a dispute arises between the parties under this Agreement, other than under Paragraphs 9 and 10, and suit is instituted, the prevailing party shall be entitled to recover costs and attorney's fees from the nonprevailing party. As used in this Agreement, costs and attorney's fees include any costs and attorney's fees in any appellate proceeding.

17. Miscellaneous. The rights and duties of the parties are personal and may not be assigned or delegated without the express written consent of all other parties to this Agreement. The captions used in this Agreement are solely for the convenience of the parties and are not used in construing this Agreement. Time is of the essence of this Agreement. The use of any gender shall be applicable to all genders.

18. Typewritten or Handwritten Provisions,. Handwritten provisions inserted into this Agreement and typewritten provisions initialed by both parties shall control over any and all conflicting typewritten provisions.

19. Complete Agreement. This Agreement constitutes the complete agreement between the parties and incorporates all prior discussions, agreements and representations made in regard to the matters set forth here. This Agreement may not be amended, modified or changed except by a writing signed by the party to be charged by the amendment, change or modification.

IN WITNESS, the parties have executed this Agreement as of the date first above written.

Dated: [date of execution]

[Name of employer]

By:

[Name of authorized representative]

[Title of authorized representative]

[Name of employee]

[Name of witness 1]

[Name of witness 2]

EXHIBIT [DESIGNATION OF EXHIBIT] OF EMPLOYMENT AGREEMENT

Salary Schedule

During the period of employment, the Employer shall pay or provide to the Employee as compensation for the services of the Employee:

Benefits:	[description of benefits]
Vacation:	[description of vacation time]
Bonus, if any:	[description of bonus]

7 Florida Jur Forms Legal & Bus. § 29:29: Employment Agreement (General Form)

Agreement made on [date of agreement], between [name of corporation], a professional corporation, organized and existing under the laws of the State of Florida, with its principal office located at [address of office], [name of city], Florida, referred to in this agreement as employer, and [name of employee], of [address of employee], [name of city], Florida, referred to in this agreement as employee.

RECITALS

A. Employer is engaged in the practice of [description of professional activity];

B. Employee is [licensed/certified] and qualified to practice [description of profession] in the State of Florida;

C. Employer's [Board of Directors/[designation of hiring organization]] has extended an offer of employment to employee subject to the terms and conditions set forth in this agreement. Employee accepts employment on the terms and conditions set forth below.

In consideration of the mutual promises set forth in this agreement, the parties agree as follows:

SECTION ONE. EMPLOYMENT

Employer employs employee, and employee accepts employment with employer, on the terms and conditions set forth in this agreement.

SECTION TWO. TERM OF EMPLOYMENT

This agreement is effective as of [date of agreement], and shall remain effective until [the end of employer's fiscal year/[designation of other deadline]], subject to the termination provisions of this agreement. The parties agree to meet to discuss a new employment contract no less than [number of days] days before [the end of employer's fiscal year/[designation of other deadline]]. Unless otherwise extended, modified, or terminated, this contract shall be on a month-to-month basis after the original term ends. A month-to-month contract is terminable by either party by giving written notice to the other party [number of days] days prior to the contemplated termination date.

SECTION THREE. DUTIES

Employee is engaged to [description of services to be performed], for employer [OPTIONAL: and for employer's clients]. Employer has the power to determine employee's specific duties and the manner in which employee carries out [his/her] duties. Employer has discretion in setting the days of the week and hours in which employee is to perform [his/her] duties. [OPTIONAL: However, employer shall not compel employee to work more than a normal work week]. Employee agrees to devote the time and attention necessary to perform [his/her] duties in a satisfactory manner.

SECTION FOUR. EXCLUSIVITY OF SERVICE

Employee agrees that any money earned by [him/her] from the performance of [his/her] duties pursuant to this agreement belongs to employer.

SECTION FIVE. COMPENSATION

During the term of this agreement, employer shall pay employee an annual salary of $[dollar amount of annual salary] for services performed on employer's behalf. Employee's salary shall be paid to [him/her] in [weekly/monthly] installments of $[dollar amount of installment]. [OPTIONAL: Additionally, employer may pay employee bonuses in amounts and at times within employer's sole discretion, taking into consideration employee's salary and other relevant circumstances].

SECTION SIX. FRINGE BENEFITS

In addition to the compensation employee receives pursuant to Section Five of this agreement, employee is eligible for participation in the fringe benefit programs established by employer on fulfillment of the eligibility requirements for each program. Employer has established the following fringe benefit programs: [list of fringe benefit programs]. Employer may, without notice, modify or discontinue any fringe benefit program which it maintains.

SECTION SEVEN. EXPENSES

Employer agrees to reimburse employee for all expenses reasonably incurred in performing duties pursuant to this agreement. The expenses include travel undertaken on behalf of employer, entertainment (including food and beverage expenses) conducted for purposes of promotion of employer's business, professional dues, and fees for continuing professional education.

SECTION EIGHT. VACATION

Employee is entitled to a paid vacation of [number of weeks] per year.

SECTION NINE. WORK FACILITIES

Employer shall furnish employee with an office at its principal place of business, and shall provide employee with all equipment, technical, and clerical support necessary to the performance of [his/her] duties pursuant to this agreement.

SECTION TEN. PROFESSIONAL LIABILITY INSURANCE

[OPTIONAL: Employer shall purchase professional liability insurance coverage insuring employer and employee for negligent acts or omissions which occur within the scope of employee's professional duties. On termination of this agreement, employee shall be responsible for obtaining malpractice coverage, if so desired].

SECTION ELEVEN. CLIENT INFORMATION

Employee understands that the names and addresses of employer's clients are valuable assets of employer and agrees not to disclose names or addresses of the employer's clients to any person or entity without first obtaining employer's written consent. In the event employee breaches this section, employer shall be entitled, among other remedies, to injunctive relief prohibiting employee from disclosing names and addresses of employer's clients or from performing services for any person or entity on employer's client list. This section shall survive termination of this agreement.

SECTION TWELVE. NONCOMPETITION

[OPTIONAL: On termination of this agreement, employee agrees that [he/she] will not practice [description of professional activity] within a radius of [number of miles] from any office of employer, for a period of [number of years]. Employee agrees that this noncompetition section is necessary to protect employer's business, and that employee's violation of this section would result in irreparable harm to employer. In the event employee breaches this section, employer shall be entitled to injunctive relief in addition to any other remedies legally available. This section shall survive termination of this agreement].

SECTION THIRTEEN. EMPLOYMENT TERMINATION

This agreement and the employment relationship between employer and employee shall terminate on the occurrence of any of the following events:

1. Employer's discharge of employee for reasonable cause.

2. Employee's failure or refusal to adequately perform duties of employment with employer.

3. Employee's failure or refusal to adhere to the terms of this agreement, or to the reasonable policies and regulations established by employer.

4. Employee acts in a manner that is detrimental to employer's reputation in the community or in the profession of [description of profession].

5. Suspension, revocation, cancellation, or other restriction of employee's right to perform [description of professional activity] in the State of Florida, to the extent that employee cannot perform duties which [he/she] was hired to perform.

6. A finding by any board, institution, or professional group that employee has acted in an unprofessional, unethical, or illegal manner.

7. The death of employee during the term of this agreement. Employer shall pay to employee's estate any unpaid compensation earned by employee prior to [his/her] death.

SECTION FOURTEEN. NOTICE

Any notice required pursuant to this agreement shall be in writing, and sent by registered or certified mail to employer's principal office or employee's last-known address.

SECTION FIFTEEN. GOVERNING LAW

This agreement shall be governed by the laws of the State of Florida.

SECTION SIXTEEN. MODIFICATION

This agreement represents the entire agreement between employer and employee. No modification of this agreement is valid unless it is in writing and signed by the parties.

SECTION SEVENTEEN. ASSIGNABILITY

This agreement is not assignable.

SECTION EIGHTEEN. SEVERABILITY

Each provision of this agreement is separable from the whole. If any portion of this agreement is determined invalid, that invalidity shall not impair the remaining provisions of this agreement.

The parties have executed this agreement at [place of execution] on [date of execution].

[Name of corporation]

By:

[Name of authorized representative]

[Name of employee]

[Address of employee]

DISCLAIMER WARNING

THIS RESEARCH GUIDE/PATHFINDER DOES NOT REPRESENT ANY LEGAL ADVICE FOR ANY REASON AND DOES NOT ESTABLISH ANY ATTORNEY-CLIENT RELATIONSHIP.

PLEASE CONTACT AN ATTORNEY FOR ANY LEGAL ADVICE.

THANK YOU.