Legal Question in Employment Law in Florida

Dismissal without cause

I was hired for a job of which my employer signed a letter addressed to me confirming my employment, salary rate and guarantee of employment for a minimum of one year. After one week, he called and said that he had to go away for about three weeks (he said it was a family matter, which I found out later was not the case, he was going to alchol rehab) and was bringing back his former employee since she knew how to do the job and he couldn't pay us both so he was sorry but for me not to come back. I told him that it might be a good idea for me to work with her for a week to learn the job since she was gone before I came and I hadn't been trained or even there long enough to learn their procedures for the job but his reply was, I can't afford both of you and she's going to do it, at least for now. Do I have any recourse since I have a signed letter from him defining the terms of my employment?


Asked on 8/22/02, 11:26 am

2 Answers from Attorneys
Kelly Henderson

Re: Dismissal without cause

Normally, employees who are terminated have no basis to bring a lawsuit except in cases of illegal employer actions like discrimination or wage and hour violations. You may be the exception to that rule because of the letter that states you would be employed for one year. If a court finds that to be a valid contract, then it is possible your former employer could be forced to put you to work or pay you. You should talk this matter over in detail with an employment attorney and have that attorney examine your "contract."

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Answered on 8/22/02, 11:47 am
Keith Stern Shavitz Law Group

Re: Dismissal without cause

From the information provided, it appears as though you have an excellent case for beach of contract. Please feel free to contact me at (305) 810-2887 to see how we can assist you.

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Answered on 8/22/02, 12:39 pm


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