Employment

Florida is an at-will employment state, which means employment can be ended at any time without cause unless a contract says otherwise. Written employment agreements are not required for every hire, but they are necessary when you want to bind an employee to confidentiality, IP assignment, or non-solicitation obligations. MB Legal drafts employment agreements for technology companies with IP and confidentiality provisions appropriate to the business.

Yes, and Florida is one of the more employer-friendly states on this. The long-standing non-compete statute (Fla. Stat. § 542.335) enforces agreements that protect a legitimate business interest and are reasonable in scope, duration, and geography. On top of that, the Florida CHOICE Act, effective July 1, 2025, added a stronger framework for higher-earning 'covered' employees — allowing non-compete and garden-leave agreements of up to four years, with a presumption of enforceability when the employer meets the Act's notice, review-period, and disclosure requirements. The federal effort to ban non-competes went nowhere: the FTC's 2024 rule was struck down in court and formally removed in early 2026, so state law controls. MB Legal drafts and reviews non-compete, non-solicitation, and garden-leave provisions for technology companies and advises on which framework applies.

An employee handbook should cover at-will employment policy, anti-discrimination and harassment policies, leave and time-off procedures, remote work policies, device and data security expectations, employee use of generative AI tools, and the complaint and investigation process. For technology companies specifically, IP ownership and acceptable use of company systems are important additions — as is a clear policy on staff using unapproved AI tools with company or client data. MB Legal drafts and reviews employee handbooks with flat-fee pricing available for standard policies. For a standalone AI use policy, see the firm's AI Governance practice.

AI hiring tools can create discrimination exposure even when no one intends it. If a screening or scoring tool produces a disparate impact on a protected group, the employer — not the vendor — carries the Title VII and EEOC risk. Tools that draw on background checks or consumer-report data trigger Fair Credit Reporting Act (FCRA) notice and adverse-action obligations. And a growing set of state and local laws now regulate automated employment decision tools directly, with bias-audit and candidate-notice requirements. MB Legal advises technology companies on AI hiring-tool compliance, vendor diligence, and the disclosures that reduce this exposure.

Worker classification affects tax obligations, benefit entitlements, IP ownership rights, and exposure to wage-and-hour liability. Misclassifying an employee as an independent contractor creates risk under IRS rules, the Department of Labor's economic reality test, and Florida law. MB Legal advises technology companies on worker classification and drafts agreements that reflect the correct relationship.

A separation agreement should address severance terms, a release of claims (including ADEA language for employees over 40), return of company property, continuation of confidentiality obligations, and any ongoing non-compete or non-solicitation provisions. The release must be properly structured to be enforceable. MB Legal drafts separation agreements for technology companies and reviews agreements presented to departing employees.