Legal Question in Employment Law in Florida

Laying off for a younger person

I work for Heidelberg USA. I'm 57 years old. I'm the only instructor in Florida. They are talking about moving a younger person down here also when there is barely enough work for me now. Can they lay me off if I haven't done nothing wrong?


Asked on 8/01/06, 8:30 am

1 Answer from Attorneys

Keith Stern Shavitz Law Group

Re: Laying off for a younger person

As someone is probably employed at will--versus pursuant to a written employment agreement for a specific term/duration of employment--under Florida and federal law, there would be no prohibition on an employer terminating your employment "without a reason," as the law provides that you could be terminated for any reason at any time, including a good reason, a bad reason, or no reason at all.

However, your employer cannot base its decision or be motivated by wanting to replace you with an employee substantially under 40 years old simply due to your age.

Please consult with an attorney for further assistance to learn what your rights may be as facts develop.

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Answered on 8/01/06, 9:17 am


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