Can anyone provide information on the key differences between Wisconsin and Florida Employment Law?

Last updated on: February 14, 2020
This is in regards to a contract we are preparing for one of our employees in Florida, and our company is based in Wisconsin.
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Greg Freeze is an Olympic Peninsula Attorney. As an attorney in Port Townsend, I specialize in being a general practitioner, operating with the motto, `small town law -- all issues welcome.`

It is good that you are asking this question at the beginning of the employment relationship rather than when things turn sour.  As with most areas of the law, it helps when a question is laser-focused.

For example, if you were interested in the differences between court rulings between Wisconsin and Florida on the topic of non-compete agreements, then you can begin researching the topic.  In a light review of Wisconsin and Florida law, you will find different tests and standards for what makes a non-compete clause enforceable or not.

In Wisconsin, you are benefited by the recent Wisconsin Supreme Court decision of Star Direct, Inc. v. Dal Pra, 2009 WI 76, N.W.2d 898 (Wis., 2009). There the Court looked at three important clauses in an employment contract finding the customer and confidentiality clauses valid, but the business clause invalid.

Contrast that with a recent case in Florida, Gould & Lamb, LLC v. D'Alusio, 949 So.2d 1212 (Fla. App., 2007).  There the court looked at a non-compete clause in the context of a preliminary injunction and found for the employer.  In both cases, the clauses were twenty-four month limitations.

Where does this leave you with your question?  Unless you wish to drill into the many laser-focused areas of employment law, it is probably best to have your employment contract reviewed by a Florida attorney or an attorney familiar with Florida law.

Please don't construe this posting as legal advice, but rather a suggestion to contact a competent attorney in Florida familiar with employment law.