5 Clauses Every Employment Agreement Should Include

When you're hiring employees, it’s crucial to have an airtight employment agreement in place.

Hi, I’m Jane Mure, a Miami-based business law attorney. In Florida — an “at-will” employment state — you can generally hire and fire employees without needing cause. However, there are still important protections you should build into your agreements to safeguard your business if the employment relationship ends.

Here are five key clauses I recommend including in every employment agreement:

1. Confidentiality Clause (Protecting Trade Secrets)

You must protect the confidentiality of your business’s trade secrets. Trade secrets can include customer lists, proprietary processes, devices, and other internal methods — all things your employees might access while working for you.

A clear confidentiality clause ensures that if someone leaves your company, they can’t take your hard-earned strategies or sensitive data to a competitor or use it to start their own business.

2. Non-Solicitation Clause

A non-solicitation clause prevents a former employee from encouraging your team members to leave with them or poach your clients.

The worst-case scenario? A trusted employee learns your internal systems, builds strong relationships with colleagues, and then tries to recruit your team to join them at a competing business. A well-written non-solicitation clause helps prevent that.

3. Non-Compete Clause

Although the Biden administration issued an executive order discouraging non-compete agreements, Florida law still allows them — as long as they’re reasonable in duration, scope, and geography.

For example:

• A restriction of 2 years is typically valid.

• A 20-mile radius is usually enforceable.

• Limiting competition only within your specific line of work — such as chiropractic services — is key.

Be sure your non-compete terms are fair and narrowly tailored to stand up in court.

4. Work-for-Hire Clause

Under intellectual property laws, employees may retain rights to things they create — unless your contract says otherwise.

To protect ownership of anything your team creates on the job (e.g., inventions, marketing materials, processes), include a work-for-hire provision in the employment agreement. This ensures the company — not the individual — owns the rights to work produced during employment.

5. Non-Disparagement Clause

Lastly, consider adding a non-disparagement clause. This limits a former employee from making harmful public statements about you, your business, or your clients.

It’s a way to protect your reputation after someone leaves — especially in the age of online reviews and social media.

Final Thoughts

These five clauses — confidentiality, non-solicitation, non-compete, work-for-hire, and non-disparagement — form the foundation of a strong employment agreement. They not only clarify expectations but also protect your business in the long run.

If you’re hiring and want to make sure your agreements are enforceable and effective, I’m here to help. Reach out for guidance tailored to Florida law and your unique business needs.

Need help reviewing or drafting your contract? Contact J. Muir & Associates, a Miami Business Law Firm, to protect your business today.