Legal Question in Business Law in Florida

Right to Terminate an employee

I am a general manager of a firm who has several full-time employees and several part-time employees. I have a new opening for a full-time position and which will cause me to terminate one part-time position. One of the part-time candidates is much more qualified for the position than the others but he has not been in the part-time position as long as the others. Is it okay to use discretion to promote the more qualified person even though he does not have seniority or do I have to always promote the person who has been with the company the longest.


Asked on 3/18/08, 6:07 pm

1 Answer from Attorneys
Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: Right to Terminate an employee

Legally you have the right to promote the most qualified person. However, not promoting a more senior person may affect the overall moral of the other employees.

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Answered on 3/19/08, 3:54 pm


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