Legal Question in Employment Law in Florida

Wrongful Termination?

I was termintated today and told that I violated the attendance policy put in place 30 days ago. The policy gives you 10 points a month and everytime you are late or sick you are deducted a point. The policy states you will receive a verbal and written warning at certain levels (before you hit zero), I received neither, thus I was completely shocked. I am not even sure I had 10 points. My question is, do I have a case? They have given other employees warnings both verbal and written and they are in the employee files. They did not do this with me.


Asked on 1/06/09, 5:52 pm

1 Answer from Attorneys
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: Wrongful Termination?

You may have a case for breach of contract. With the notable exception of firing someone based on inclusion in a protected class (race, religion, sex, etc.) an employer can fire an employee for any reason, or no reason at all.

However, if through a contract, an employer obligates himself to a certain set of procedures, and then violates that contract, the employer may be liable for breach of contract.

Of course, it may not be as simple as I have laid it out. The attendance policy may not be a binding contract, and thus the employer would not be legally obligated to follow its mandates. Other factors may have contributed to the employer terminating you.

Without more information, I cannot give a definitive answer. However, I would be interested in discussing the matter with you in greater detail. Please call me at your convenience.

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Answered on 1/06/09, 6:11 pm


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