Legal Question in Employment Law in Florida

Florida employment law

If terminated as retaliation after resignation, is the employer required to pay for the remainder of the notice as given?


Asked on 3/20/08, 9:38 am

1 Answer from Attorneys
Bob McCormack Lewis Brisbois Bisgaard & Smith LLC

Re: Florida employment law

Absent a contract of employment, there is no legal requirement that an employer employ someone through their notice period. There are various legal claims for retaliation, but they must be related to an assertion of a legal right, i.e. retaliation for filing or threatening to file a valid worker's compensation claim is illegal. Run of the mill retaliation for resigning, or asking for a longer lunch is not actionable.

Also, if the resignation was not for good cause attributable to the employer, the employee may not be eligible for unemployment compensation benefits.

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Answered on 3/20/08, 9:52 am


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