Legal Question in Employment Law in Florida

Is there any action to take against former employer

I was offered an executive position with a company in Florida while living in Illinois. The position included relocation and also had a fire at will clause. I took the job and started in April of 2006. We bought a home in July of 2006 and planned to move a few weeks after. The day we bought a home, I received an e-mail congratulating me and telling me that they were behind me 100%. I was fired two days later and told that they would give me two weeks severance and pay the relocation. When I got the sep. aggreement a week after we moved, it did not include the relocation and they tried to back date it to make it look like I received it before I moved. I did not sign it. Now we received a letter from the moving company that they will take legal action if it is not paid and that I will be held responsible if the company does not pay it. Their decision for letting me go was that I was not the right person for retail sales, yet two days prior I got an e-mail that says differently. Now the company is in Ch 11, but is there anything that I can do to get them to pay this bill and severance? They have caused hardships for my family, and it is not justified that they can be protected by Ch.11 & remain in business yet screw me.


Asked on 2/12/07, 10:52 am

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Is there any action to take against former employer

You are in a very difficult position, and the biggest, most pressing issue is that regardless of whether you have a claim, if the Company has filed for bankruptcy, you may not have a pocket to collect from. In general, in Florida (I cant speak to Illinois law), you would have a difficult time establishing any actionable cause of action under the circumstances, as "promissory estoppel" or "detrimental reliance" would be two of the common theories, neither of which are often recognized in the employment context. Regardless, you should consult with an attorney in your area to determine if there is any action you can take.

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Answered on 2/12/07, 11:01 am


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