Legal Question in Employment Law in Florida
Employment/references
I work at a Charter school that has poor management. The Principal, who is new, fired most of the staff, only retaining myself and another teacher. Seeking sanity, I applied for a new job. My potential employer, now current employer requested a reference from my Principal. I told him that unless he was intending to hire me I was unable to give my Principal as a reference. He reassured me, so I gave him her information along with my performance appraisal. I alerted my Principal as to the pending call. My performance appraisal was a really good one and I forwarded it because feared that she would say something negative. I found out later that she expressed to him her concern in regards to my ability to manage the class room- i received a satisfactory on my performance appraisal in that arena. satisfactory defined as ''adequate'' ''meeting requirements'' So my question is - is she within her legal rights to say or imply anything other ? Secondarily, I got the job and gave my resignation and two weeks notice. now she is trying to get me out prior to the two weeks in an effort to keep me from being paid - what are my rights in this regard ? I want to put the fear of legal action in her heart.
1 Answer from Attorneys
Re: Employment/references
Putting the "fear of legal action in [someone's] heart" can be quite expensive. You can hire a lawyer and it may cost $500 to $1,000 -- but you will get some fear in return.
She has the right to express her opinion. Your new employer looks like he or she did not believe it. Whether you can be discharged before the two weeks is up depends on the terms of your employment contract. It is not unusual for someone to let a departing employee go in the two week notice period, but they usually pay the required salary.
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