Legal Question in Employment Law in Florida

Employee Rights in At-Will Employment

A full-time regular employee for a private business (guaranteed at least forty hours of work per week) gives a two-week written notice of resignation. Can the manager permanently eliminate the employee from the schedule by telephone on the following day? Essentially, the employee is being fired a day after resigning with a written notice to terminate in two weeks. Does this action violate the employee's right to the due process procedure of giving written notice, which is required by the company's employee manual? Is this considered unlawful retaliation by the employer? The employee has been in very good standing throughout the time of employment. Thank you.


Asked on 1/04/01, 10:56 am

1 Answer from Attorneys
Richard Groff Dye, Deitrich, Prather, Petruff & St.Paul

Re: Employee Rights in At-Will Employment

Generally, in Florida, an employee manual is not a contract and cannot be enforced in court. The employer does not have to follow it and does not have to accept the two week notice.

If your "guarantee" of work constitutes some form of contract, you might enforce it, but as you were leaving in two weeks, that would probably be the extent of your damages.

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Answered on 1/05/01, 5:47 pm


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