Legal Question in Employment Law in Florida
Timely Notification
I have an annual contract, that requires the emploter to give notice of non-renewal on or before Febuary 1.
I check my mail in the mail room daily, always in the morning in order to pick up my daily newspaper. My required work obligation are finished at 1:45 PM. I was in my office till after 4PM, but so no need to recheck my mail (I never do). The mail room is located in a remote location from my office and in the opposite direction to the area where I park.
The letter indicating my contract was not to be renewed was supposedly placed in my box sometime after 2PM. There would be no reasonable expectation that I would be checking my mail that late in the day. I received it the morning of 2nd, when I checked my mail. Has my employer violated the terms of the contract?
In addition there were verbal assurances in late December that my job was secure.
Thank you.
1 Answer from Attorneys
Re: Timely Notification
The verbal assurances could be enforcable, depending on what they were and who made them.
The answer to the question about non renewal notice depends on what the agreement says. If is says notice must be "recieved" by such and such a date, you may have a point. But if it says notice must be "given" or "sent" or "mailed" by the date, then tre result would be different.
The fact that the notice was placed in your company mailbox could be considered reciept, as it would if it had been given to you.
Generally, notice is required only to be sent or given in a manner reasonably calculated to put the person on notice. (This can be modified by contract.)
If the notice was defective, the employer has not "violated" your contract, but he has failed to provide the notice required, and it would appear that your agreement should continue for another year.
But as you can see, it depends on some facts not known.
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