Legal Question in Employment Law in Florida

Legally, was I fired or did I quit?

I signed a 24 month contract stating that I would pay back both moving and recruitment bonuses if I left voluntarily within that time period. After months of being unhappy, I decided to search for another job. When an acceptable offer came, I tried to negotiate with my department head to be released from the contract I had signed. (The new position had not been accepted, nor did I sign a statement acknowledging that I wished to leave.) When an agreement could not be reached, I was told to gather my things and leave immediately, returning key and access card.

My pay has been withheld, and I am being informed that I quit, and thus owe the amount of the recruitment and moving bonuses.

In the eyes of the law, have I quit, or was I fired?


Asked on 4/12/02, 11:39 am

1 Answer from Attorneys
Anne Terry Law Office of Anne Curtis Terry

Re: Legally, was I fired or did I quit?

Yours is a very interesting case! alot depends on the exact words that were spoken by both parties, and also the wording of the written contract that requires you to pack back the bonuses and moving exp. I tend to think that a court would look at the language of the contract that requires you to reimburse. Who has the burden of proof on "quitting"... the person trying to collect the money? I am working on a similar case now involving ambiguity in the termination of an employee.. email me if you wish to discuss possible outcomes in this matter. www.annecurtisterry.com [email protected]

Read more
Answered on 4/13/02, 6:40 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Florida