Legal Question in Employment Law in Florida

Laid off or quit?

I was told I will be laid off. I'd receive 2 weeks of serverance pay. My employer is in Arizona and I work for them in Florida. Before my actual layoff date, my boss offers me a different job in Florida, but 4 hours away. I declined the position since it is too far to travel. They are now denying me the 2 weeks of severance pay and is saying that I quit because I didn't take the out of town job. Do I have any rights? Can they do that? Thank you!


Asked on 1/13/07, 5:55 pm

1 Answer from Attorneys

Mayra Colon Colon Partners, P.A.

Re: Laid off or quit?

In Florida, you can be terminated with our without any reason, or notice, so long as it is not motivated by any of the discriminatory reasons protected by law. So, typically, unless you have been discriminated against, you wouldn't have a claim for being terminated with or without a reason, regardless of whether it is a stupid arse reason like the one you have been given. However, if there is a contract provision creating rights or procedures for termination, such as in an employment agreement, a collective bargaining agreement through a union or simply in an employee manual or handbook, you may have some rights to something, depending upon what it says. In any event, being regarded as resigning (as opposed to laid off) also impacts other rights that you may have, such as a right to collect unempoyment compensation, and for this reason, it is sometimes advisable to set the record straight. If you wish to discuss this further, my firm provides online consultations for a reduced, nominal fee. If interested, you can send us an e-mail to [email protected]

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Answered on 1/14/07, 8:00 am


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