Legal Question in Civil Litigation in Florida

Stock option loss due to unfair firing

I recently lost my job 09/09/03 at a company I had been with for almost 7 years. When I filed for unemployment, they contested it by saying I had left voluntarily due to my dissatisfaction with the work. I countered them by reintegrating to the unemployment office that I had in fact been fired. The company finally told the unemployment office that they had terminated me because they anticipated I was going to quit. There was never an issue of misconduct or job performance.

I was allowed to exercise 750 stock options with a value of $6100.00 on 09/25/03. The next day, I received a letter via Airborne Express for the home office saying that a stop payment had been place on the check (which I received at the end of the month) and that I was to return it to the company. The letter also stated that they had allowed me to exercise the options in error due to the date and reason I gave them for leaving the company. I feel that the company fired me because 1) I was taking advantage of tuition reimbursement and 2) they did not want to pay me for the options.

My question is this, am I legally entitled to the options since my former employer �anticipated� my leaving?


Asked on 10/08/03, 5:42 pm

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Stock option loss due to unfair firing

Without learning more facts and reviewing documents relating to your employment, like the employee benefits program or policy on stock options, I cannot provide you with any specific guidance that you can reply on. It appears you may have a viable claim against your employer.

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Answered on 10/08/03, 6:21 pm


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