Legal Question in Employment Law in Florida

Fired

I was fired by an employer in LA for according to them a ''ethical'' breach. I have accepted a new position in FL with a University and I am worried that they will contact my past employer and they will say something besides ''I am not eligible for rehire or terminated''. My new employer did not ask if I was fired from my last employer so I didn't list it. Do I have recourse if my new employer resends my employment? I have already begun the position.


Asked on 10/27/03, 4:35 pm

2 Answers from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: Fired

Dear Law Guru Friend,

Here's a second opinion. First of all, quit worrying! You've got a new job; be thanful and quit worrying what might happen! I assume you are asking whether or not if your new employer found out that you had been "fired" from the first job and then discharged you because of that, whether or not you would have a legal recourse for damages and such against your new employer. My guess is no, unless you had an employment contract guaranteeing you a job. Now, if the new employer were to fire you because it said you lied about your old job, when it did not even bother to inquire about your old job, then you might have a case. A good lawyer can make a "case" out of about any situation where a person has been treated unfairly. My guess is that you will not have the problem or problems you are worrying about. Just do a great job for you new employer and put the rest of it all in the hands of the Almighty and forget worrying about it! Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 10/28/03, 7:36 am
Keith Stern Shavitz Law Group

Re: Fired

Florida is an at-will employment state and as such, if your ER rescinds your employment offer, you have no legal recourse under Florida law. The at-will doctrine provides that your employer can terminate your employment at any time, for any reason--a good reason, a bad reason or no reason at all. I wish the law was different, but its not . . . If you'd like further assistance, please feel free to follow up with us via e-mail or phone at (305) 755-9441.

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Answered on 10/27/03, 5:33 pm


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