Legal Question in Employment Law in Florida

Severance Pay

I worked for a company that recently sold some stores to a competitor.

I worked at such a store.

We were promised a severance package, given a couple conditions.

I fulfilled my obligations outlined prior to the closing.

My former employee had mixed my information with another employee of the same name, who had not fulfilled their obligation.

Because of this error, my former employee never sent me my paperwork regarding my severance and benefits.

Within those documents, there was a non-compete clause that invalidates severance eligibility (this information was never made available prior to the store closing).

In the weeks following my termination, I had accepted a job that apparently violated the non-compete clause.

According to my former employer, because I violated that clause I am ineligible, even though they failed to send my information based on another employees data.

Must an employer disclose all information regarding eligibility prior to termination and can they be held liable due to a an error on their part?


Asked on 10/04/08, 12:05 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Severance Pay

If you have violated a noncompete, then you have breached the agreement. You could bring a claim for your severence, but they would have a claim against you as well.

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Answered on 10/05/08, 4:16 pm


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