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Employment Termination

Wrongful Termination

In Florida, if there is no verbal or written agreement on the length of employment, then any job is terminable at will by either employer or employee. However, an employer cannot fire you for refusing to follow directions which are prohibited by state or federal law, for reporting a violation of the law, or if you exercise your legal rights (such as filing for workers compensation benefits or being called to jury duty). There is no law requiring payment of severance when employment is terminable at will. However, if an employer fails to pay wages, commission or bonus monies owed, the employee can sue and recover the amount owed, plus attorney’s fees and costs of suit. An ex-employer can say anything he wants to your prospective employer, as long as it is true.

Non-Competition and Non-Solicitation

I am very experienced in handling non-competition and non-solicitation clauses in employment contracts.

Constructive Discharge

Often, an employer promises to hire you for a certain period of time, for a certain salary or compensation, without a written employment agreement. The employer may convince you to leave your job, and even move to Florida from elsewhere. In that case, you have an enforceable agreement via what is known as promissory estoppel. Other times, an employer who wants to get rid of you can make the workplace so intolerable that you have to leave, and do. This is called constructive discharge, and you can sue for damages and even obtain unemployment benefits.

Whistle Blowing

If your employer does business with the federal government, and is cheating the government in any manner, then you, as an employee, can report it. You can be paid a sizeable percentage of the recovery obtained by the government in court against your employer. This is known as “whistle blowing”.