Practice Areas

Employment Contracts & Disputes

Employment is one of the fundamental relationships in our society. The employment relationship is subject to a vast body of different, complex, and sometimes conflicting laws and regulations imposed by Federal, State, and Local legislatures, authorities, and agencies. To guide its clients in complying with those laws and protecting their interests in the case of a dispute, Glenn L. Widom, P.A. offers legal counseling in the preparation and negotiation of employment agreements and legal representation in employment-related litigation. The firm represents employers, employees, and independent contractors in employment-related contracts and disputes. Glenn L. Widom is available for consultation as to all manner of employment contract issues and litigation in both State and Federal courts.

Employment Contracts and Employment Litigation

Florida follows the Employment At-Will Doctrine. In general, an employee may quit their job for any reason and move to new employment, including with a competitor. Likewise, an employer may generally discharge an employee for any reason unless there is a written contract providing otherwise or if the discharge constitutes discrimination in violation of Federal, Florida, or local fair employment laws.

To avoid the consequences of At-Will employment, employers and employees need to enter into a written contract. A written agreement allows both employee and employer to reach a compromise on their often conflicting interests and avoid unintended consequences if either party decides to terminate the relationship. A written agreement can be particularly important for new hires leaving a lucrative job or incurring substantial expenses to relocate, where a position is to be for a fixed term of years, or the employment is of a professional or executive. Terms of compensation such as salary, retirement plans, and stock options; grounds for termination; whether disputes during the employment and afterwards will be resolved by the courts or through Alternative Dispute Resolution (ADR) mechanisms such as binding arbitration; employee benefits, availability of Directors and Officers insurance and indemnification; and the ownership of intellectual property created during employment are just a few of the myriad of issues that should be considered and agreed upon in a written employment contract.

Glenn L. Widom, P.A. has experience in the drafting and negotiation of many different forms of employment agreements in a variety of contexts for employers and employees, as well as purchasers and sellers of businesses. The firm is also able to represent either employer or employee in ADR proceedings such as arbitration, or in a lawsuit which may involve claims for injunctive relief to enforce an employment contract or a claim for recovery of monetary damages arising out of the breach of the employment contract, or claims for unpaid wages, overtime, or other compensation.

Non-Competition and Other Restrictive Covenants

In Florida, a non-competition (a “non-compete”) agreement is, under appropriate circumstances, viewed as a proper restraint on trade and can enable an employer to limit the geographic area, timing, industry, or even the job in which a former employee can work. An employer may have important interests in its business practices, customer lists, and trade secrets that merit legal protection from misuse or unauthorized use, disclosure, and misappropriation by present and former employees. Also, a third party investor or purchaser of a business has an interest in making sure the labor force and key employees who helped make the business attractive enough to purchase will remain with the business after the sale and also, that the former owners of the business will not later compete unfairly with their former business. From the employee’s perspective, some application of non-compete agreements and other restrictive covenants may present an unreasonable obstacle to the desire for upward mobility through lateral positions or otherwise, and may deny former employees the ability to make a living for themselves and their families in their chosen field. Because of these important and conflicting interests of employees and employers, restrictive covenants, confidentiality terms, and non-competition agreements are important issues in the employment relationship. Glenn L. Widom, P.A. can assist the parties to address these issues through employment agreements. If a dispute does arise regarding the enforcement of a non-compete, the firm can represent either employee or employer in ADR or litigation.

Employer Compliance with Employment Laws and Compliance Litigation

Glenn L. Widom, P.A. offers general corporate advice to counsel its employer clients in the existence of and compliance with employment-related laws. The firm also handles employment litigation involving alleged violations of those laws such as claims for unpaid wages, recovery of employee benefits, enforcement of employee privacy rights, and the failure to pay the minimum hourly wage or overtime compensation pursuant to the Fair Labor Standards Act.

The Employment Relationship

Litigation against Competitors arising from an Employment Relationship
Claims by an employer against a third party competitor may arise from the employer’s relationship with its employee. A competitor may be potentially liable for inducing employees to breach their employment contracts, improperly soliciting (“stealing” away) key employees, inducing employees to breach their fiduciary duties owed to the employer, engaging in or inducing others to steal an employer’s trade secrets, misappropriating confidential customer lists, publishing defamatory statements to an employer’s suppliers, vendors, or customers, and other unfair trade practices that may necessitate quick and decisive action to stop such detrimental misconduct. Glenn L. Widom, P.A. offers legal representation in all manners of business litigation to obtain relief for business torts and unfair trade practices.

Class Action Litigation in Employment Cases

In certain circumstances, employers may be sued not just by an individual employee for one single alleged wrongdoing, but may be named as a defendant in a class action brought to remedy a whole host of alleged wrongdoings over a broad time period by a vast group of present and even former employees. Glenn L. Widom, P.A. can represent either the employer or employees in employment class action cases.

This is an advertisement. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

This website offers general information about our firm and general legal subjects but should not be understood as the provision of legal advice nor the creation of an attorney/client relationship.