Legal Question in Employment Law in Florida

Re: Termination

Florida has no law requiring payment for any Notice period you may provide. As a result, the law only requires wages be paid for hours/days you actually work.

Re: Termination

There is no law in Florida (or most states)requiring you to give notice, or requiring the employer to continue to employ you or otherwise pay you once you give notice. The "rule" then, if any, comes from your employee handbook or company policies, if there are any at all.

Often,the handbook will say you don't get accrued vacation paid unless you give notice. So, check to see whether a policy exists. If you stand to lose out on something if you don't give notice, then you'll have to weigh which is worse - losing two weeks of pay, or losing the benefit.

If there is no policy, or you don't stand to lose anything by not giving notice, consider whether you should just do what's best for you - just resign on the last day. But if you do, consider that the employer might retaliate by giving you bad references or trying to withhold vacation or other pay anyway.

Unfortunately, it's a rock and a hard place. So, weigh the options based on what you know, and hopefully you will come to the best solution. (If you know anyone who resigned, you might ask them about how the company treated them afterward in terms of references and money owed.)

Of course, it is illegal for the company to refuse to pay money they owe you (that's a breach of contract), or to defame you to potential employers. But if they simply say "you left without giving notice," and that is the truth, it is not defamatory. Even if they act illegally, it would not be worth your time and effort to sue them.

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.