Legal Question in Employment Law in Florida

My company terminated my employment without grounds. The company profit tripled when I was employed as a Director of Quality, we reduced customer complaints by 30% and numerous improvements were created during my employment. We had numerous customer audits and had no customer discrepancies. I asked for a reason for my termination and was given none by the owner. They have offered a 2 months severance package which includes a condo for 2 months, 2 months salary, and health insurance for 2 months. Is there any recourse that can be brought against them for wrongful termination or should I request more than 2 months?


Asked on 4/01/10, 9:38 am

2 Answers from Attorneys

David Labovitz Labovitz Law Firm, P.A.

Hi. In Florida, the employment relationship is "at will." That means that either party can terminate the relationship at any time for just about any reason. You can be fired by your employer for no reason, or in the alternative, you have the freedom to quit, without providing any reason to your employer. The general exceptions are if you have an employment contract with a specific term or if the employer terminates you for discriminatory reasons, such as age, sex, etc. In your case, even with your great work effort, your employer would generally have the right to terminate you.

Regarding severance, it is also not mandatory. Usually employers offer severance in exchange for you signing a release of all future claims against them. Thus, you can try to negotiate the amount, but there is no mandatory severance requirement. Finally, if you feel you might have a valid claim for discrimination, be careful about signing a release in exchange for severance payments. If in doubt, consult with an attorney.

Read more
Answered on 4/06/10, 10:15 am
Scott Behren Behren Law Firm

You will want to consult with an attorney to review the severance agreement and discuss with him/her the terms of the agreement and whether or not you may have claims against your employer for wrongful discharge. It is also possible that with an attorney's help you might be able to negotiate a greater severance in exchange for a release in favor of your employer. My office generally will handle these types of severance review on a flat fee basis. Feel free to call my office if you wish to discuss further.

You can also check out my employment law blog at www.takethisjobnshoveitblog.com.

Read more
Answered on 4/07/10, 7:49 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Florida