Legal Question in Employment Law in Florida

Good Faith move for job , now terminated

I applied for a position on line, and received it. It was about 600 miles from my home. THe nature of the work implied that it might be for a limited time (i.e. consulting). I hesitated and wrote them that I was not interested in taking a position requiring relocation every few years. THe company offered my husband a position and emailed me that this employment was long term and that their local person would have more work. The job offer was made from Florida, but the actual job is in AL.

My husband and I moved for the position and bought a house . Now 2.5 years later both our jobs are being terminated. We have searched for other employment, but have not found any.

Any advice?


Asked on 2/05/04, 4:50 pm

2 Answers from Attorneys
Keith Stern Shavitz Law Group

Re: Good Faith move for job , now terminated

Under Florida law, you have no claim because the law does not recognize any rights in this situation. Additionally, while I am not an expert on Alabama law, it is, in general, similar to Florida law in this area. Moreover, because your employment last 2.5 YEARS, as opposed to days or months, I couldn't imagine any State's law which would provide you with a remedy. In short, unless you had a written employment contract that expressly stated your employment would last for, i.e., 10 years, then after having worked for the Company for 2.5 years, you're unfortunately on your own to find new work either in the area where you now reside or elsewhere.

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Answered on 2/05/04, 6:05 pm
Jeffrey Sheldon

Re: Good Faith move for job , now terminated

Mr. Stern is probably correct that the law would not provide any remedy for you in the end result, assuming there were no other promises made to you. However, you still have a legitimate complaint. That is, you took specific action based on the company's implied promise of long-term employment, and you are now out of a job and stuck in a different state with a mortgage.

Under those circumstances, you can certainly try to negotiate a severance package with the company, in return for not suing them, to at least ease your transition. You can argue that you are contemplating suing both for breach of the original contract (long term employment in return for moving and accepting the jobs) and for detrimental reliance. That means that you relied on the company's promise to your detriment. It is an equitable concept which sometimes results in the injured party receiving damages for the harm they have suffered, even if no actual contract exists.

Keep in mind that although these are good faith arguments, you do not have a strong legal case. So you can use them to try to get severance packages, but the company may very well say no. In that case, I would not suggest spending time and money on a lawsuit. (Unless there are other factors which make a lawsuit worthwhile.)

If you try to negotiate, make a fair opening offer. It should be based on your actual damages - monthly salary level times how long it will take to find jobs (approximately), health insurance expenses, etc. Demand enough to be palatable to the company but that gives you room to bargain.

Last, you of course should both apply for unemployment.

I hope that helps.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 2/05/04, 9:08 pm


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