Category Archives: Employment & Consulting Contracts

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Statute of Frauds Bars Employment Contract Claim, Rules Florida’s Third DCA

The old adage “get it in writing” remains good advice, as illustrated by a recent decision by Florida’s Third District Court of Appeal, LaRue v. Kalex Construction and Development, Inc., Case No. 3D11-2368 (Fla. 3d DCA, August 22, 2012).

Rose LaRue began working for Kalex Construction and Development in February 2006 as a vice-president.  After her termination in December … Continue Reading

The Importance of Written Employment Offers

Although written employment contracts or offer letters are not required by Florida law, employers should clearly state the terms of a new hire’s offer in writing to avoid any misunderstandings – or, worse, claims of breach of contract or fraudulent inducement.

A recent case from Florida’s Fourth District Court of Appeals, Ioannides v. Romagosa (Fla. 4th DCA, July 11, 2012)Continue Reading

Employers Must Carefully Draft Attorneys’ Fees Provisions In Non-Compete Agreements

In Rogers v. Vulcan Manufacturing Co., Inc., No. 11-3927 (Fla. 1st DCA June 1, 2012), the First District Court of Appeal explained that employers must carefully draft non-compete agreements to avoid owing attorneys’ fees to former employees who do not pay for their own defense, but, rather, have it funded by a subsequent employer.  In the case, a former employee … Continue Reading

Horse Doctors Make House Calls: A Lesson in Why Boilerplate Non-Compete Agreements May Not Hold Up in Court

Non-compete agreements need to actually prohibit the competitive activities at which they are aimed.  Thus, they must reflect the reality of the businesses for which they are drafted.

So, if you are drafting or reviewing a non-compete agreement, it’s critical that you consider not only what the business does, but how it does it- and how a former employee might … Continue Reading

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