Employment Contract
Create a Florida-compliant employment contract for Notary Publics. Includes non-compete per § 542.335, bond requirements, and identity fraud mitigation.
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In the high-stakes field of Florida notarial services, a standard employment agreement isn't enough. Our document accounts for Florida Statutes Chapter 542 restrictive covenants and the unique... Read more
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In the high-stakes field of Florida notarial services, a standard employment agreement isn't enough. Our document accounts for Florida Statutes Chapter 542 restrictive covenants and the unique liabilities of a Notary Public—from Errors and Omissions (E&O) claims to bond violations. Whether you are a firm hiring a signing agent or a commission holder joining a team, you need clear definitions on journal entry ownership, notary seal usage, and compliance with Fla. Stat. § 448.110 to ensure your practice remains legally sound and protected against improper notarization liability.
Beyond the standard employment contract sections, this template adds fields specific to Notary Public:
An employment contract establishes a formal employment relationship between an employer and an employee, outlining the terms and conditions of employment, rights, obligations, and responsibilities of both parties. It provides legal protection and clarity, ensuring compliance with employment laws and minimizing the risk of misunderstandings and disputes.
Improper notarization liability
Notaries should maintain comprehensive records and use notary journals to document all notarizations. They should also thoroughly verify the identity of signers and ensure all procedures comply with state laws.
Identity fraud
Use of reliable identification verification processes, adherence to state requirements for signer identification, and maintaining a secure notary journal.
Errors and Omissions (E&O) claims
Purchase E&O insurance to cover potential mistakes or omissions that may occur during notarization processes.
Bond violations
Complying strictly with state laws and regulations to prevent claims against the surety bond. Ensure thorough understanding of the state-specific notarial practices.
For this employment contract to be legally valid:
Common mistakes to avoid:
Revised Model Notary Act (2002)
Guidelines proposed by the National Notary Association (NNA) that provide standards for notarial practice but are not law. Many states use this as a benchmark for their own regulations.
Enforced by National Notary Association (guidance only)
State Notary Laws
Each U.S. state has its own laws that govern the practice and responsibilities of notaries public. These laws typically cover the processes of notarization, use of seals, record-keeping, and penalties.
Enforced by Individual State Notary Commissions
Electronic Signatures in Global and National Commerce Act (E-SIGN)
Establishes the legal legitimacy of electronic signatures and records if certain requirements are met. Affects notaries when performing e-notarizations.
Enforced by Federal Trade Commission
Uniform Electronic Transactions Act (UETA)
Adopted by most states, UETA provides similar recognition of electronic signatures and records at the state level, impacting how notaries perform their duties electronically.
Enforced by State Governments
Recommended coverage: Errors and Omissions Insurance · Bond Insurance
Under Fla. Stat. § 542.335, any non-compete or non-solicitation clause included in this contract must be reasonable in time, area, and line of business. This is critical for protecting an employer's legitimate business interests, such as proprietary client lists of high-volume signing agencies, without being unconscionably unfair.
While the employer may pay for the seal and journal as job-description tools, Arizona law and standard notarial best practices emphasize that the notary remains personally responsible for their seal and journal to prevent identity fraud. This contract includes a specific 'Notary Seal & Record-Keeping' clause to clarify ownership and secure possession.
Yes. This document is drafted to comply with Fla. Stat. § 448.110 (Florida Minimum Wage Act) and the Florida Whistleblower’s Act (§ 448.101 to § 448.105), protecting the notary from retaliation when properly refusing to perform an illegal notarial act, such as backdating an acknowledgment or jurat.
The contract includes specific Compensation and Benefits provisions that can be toggled to specify whether the employer or employee provides the required surety bond and Errors and Omissions (E&O) insurance, as outlined in common state liability mitigation strategies.
State laws affect what must be in this document. Pick your jurisdiction.
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