Legal Question in Employment Law in Florida

Re: 30 day notice

I can give you some very general advice, but I highly recommend that you retain an attorney since you are threatened with a lawsuit.

First, if you are going to get an attorney to deal with the former employer for you, do not write or say anything at all to their attorney or to them. Nothing, nada, zilch, zero. Anything you say can create problems.

Second, it is possible that the employer would have a damages claim for breach of contract, but: it depends on the contract you had and all the circumstances surrounding it and your resignation; and it is hard to see how they incurred $40,000 in losses just because they only had 15 days instead of 30 days notice. In other words, unless the contract provided something different, a party usually can only sue for actual damages under a contract. So, what are their damages? The need to hire someone else comes to mind. But even if they did that for $40,00 more than you, why was it that a 15 day difference caused them to have to hire someone at that price?

My guess, then, is that the $40,000 is a bluff to try to get you to agree to pay something. And they might be entitled to something, but I doubt it would be as high as $40,000.

I refrain from telling people on Law Guru that they need an attorney, but in this case you do. An attorney can negotiate for you and get you a good deal if not out of the entire mess. If you are sued, the attorney of course could represent you in court.

If you want to retain someone, feel free to contact me. I often do reasonable, one-time retainer fees in negotiation situations so you do not have to worry about billable hours counting up. If the matter can not be settled, you can then determine whether you need me or someone else for a more complicated situation such as a lawsuit.

Good luck!

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor it the author responsible or liable for any actions by the parites involved in the matter.