Legal Question in Business Law in Florida

My wife's boss wrote her a letter stating she had the required experience to take an exam to get a certification. My wife used the letter, was able to take the exam, passed the exam, applied for the job, and was turned down. My wife's employer questioned her certification, based on her obtaining it through documented experience, not schooling, and asked to see the letter her boss wrote for her. My wife gave her employer a copy of her bosses letter, and now her boss is telling her she has to give over the original copy, any other copies, and is citing a "resend law" as grounds to require my wife to turn over this letter. I have never heard of a "resend law". Is there such thing federally or in the state of Florida. If so where can I read it?


Asked on 4/21/14, 3:49 pm

1 Answer from Attorneys
Daniel Lenghea Daniel Lenghea, P.A.

Dear Sir:

Your wife should not return the letter. The letter can be construed as an offer for employment or promotion and that is why they want it back. By your wife returning the letter she would effectively make a rejection.

At this point she is in a position to ask for the new position if is still available because it works like a very classic contracts example. I will pay you $100 if you climb up the pole. The moment I put my hand on the pole we have a contract because I have accepted your offer by performing on your offer.

Similarly, in your wife case, is that we would give you this position if you get this certification. she went out of her comfort to perform her part, she did whatever was available for certification and now her employer has to keep its part of the bargain - give her the job.

I do not know the full spectrum of elements, whether there were other candidates, etc, but from my perspective she is being discriminated against to offer the position to somebody else.

You should seek the services of a competent attorney who on more thorough examination can determine the strength of her claim.

Should you need further information you can contact my office for a free consultation.

Sincerely yours,

Daniel Lenghea

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Answered on 5/01/14, 1:10 pm


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