In both Michigan and Florida, employment is “at will” unless there is an employment contract. “At will” employment means that either party can terminate employment at any time for no reason or for any reason, as long as it is not an illegal reason. Illegal reasons include decisions based upon age, disability, religion, race, gender, ethnicity, national origin and other protected classes, and also includes retaliatory termination after an employee engages in protected conduct often referred to as “whistleblowing.” As an alternative to “at will” employment, an employment contract can be beneficial to both parties.
A well-drafted employment agreement is key in order to avoid unnecessary litigation and to ensure both parties to a contract have an accurate understanding of what their duties are. The best approach is for both parties to have experienced counsel involved before the signing of the contract. Typically, the employer’s attorney will be responsible for drafting the proposed contract. The employee’s attorney then will analyze the proposed contract from his or her client’s perspective and will suggest changes to the contract which will make it more favorable for the employee. Once the terms and definitions are satisfactory to both parties, they can enter into what hopefully will be a long-lasting and cordial employment relationship.
Sometimes contractual employment disputes arise despite the parties’ best efforts. In those situations, it is critical to retain experienced attorneys. When faced with litigation or arbitration, your attorney will explain to you what the claims are, how strong your position is, and the different strategies for approaching the problem. Your attorneys will present you with various options to will allow you to make decisions based upon your individualized situation and needs.
The attorneys at Chapman Law Group have years of experience in reviewing and interpreting employment agreements. We are familiar with the applicable legal standards for interpreting contractual provisions under state law. In hiring Chapman Law Group to draft or analyze your employment agreement, you can be sure your attorney will perform a timely and thorough review which considers all of the latest legal developments. You also can be certain your attorney will answer all of your questions and ensure the best possible outcome for your situation.