Legal Question in Employment Law in Florida

Malicious Hire & Fire

I am a marketing exec, MBA, 15 years corporate experience. Left technology for a profitable $20MM air conditioning company. Hired and fired exactly 4 weeks in - no comment except ''sorry not a good fit''. First I had heard of it. Apparently Pres has done this 5 other times in last 2 years. I left a good job and left other solid offers on the table. Now I'm unemployed. Is this pattern deceptive, malicious, and/or negligent? Any recourse? Thanks. Jeff, Palm Beach County


Asked on 10/24/03, 8:48 pm

2 Answers from Attorneys

Re: Malicious Hire & Fire

You may have a good faith claim of detrimental reliance, meaning that you relied on the employer's job offer to your detriment. Thus, if you have real damages (not just potential ones) - expenses, lost opportunities (again, if they were real offers, not just possibilities),etc., you might recover if you sue, depending on the facts.

Practically speaking, though, it is a tough case to make and probably not worth your time and expense (unless you have serious damages). It is probably better to either make a demand for severance (either you or an attorney can do that), based on the above, or just move on and chalk it up to bad luck. It's not fair, but it might be the least aggravating way to go.

Feel free to call for a free consultation if you want to review the matter in detail and discuss your options.

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 10/25/03, 4:18 pm
Keith Stern Shavitz Law Group

Re: Malicious Hire & Fire

Jeff:

Unless there was an illegal motivate--age (if over 40), race, gender, national origin, religion, etc.--behind the termination, then you have no recourse, other than to file for unemployment. Unfortunately, Florida is an at-will employment state, which means that your employer can hire, fire, etc. for a good reason, a bad reason, or no reason at all. For further assistance, please feel free to contact me at (305) 755-9441.

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Answered on 10/27/03, 3:18 pm


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