Legal Question in Employment Law in Florida

job rights

My fiance has decided to resign from his job 1-12-07 with his 2 weeks notice. He went to work on 1-15-07 and found a new worker in his place. He called his supervisor's office and they said that she was replacing him. Basicaly they are trying to fire him when he already gave a 2 weeks notice. Can they do this?


Asked on 1/15/07, 7:40 am

2 Answers from Attorneys
Lydia Cannizzo Cannizzo & Chamberlin

Re: job rights

Typically employers must pay an employee during their notice period. He may wish to seek the advice of an attorney based on a Fair Labor Stnadards Act violation.

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Answered on 1/15/07, 10:35 am
Keith Stern Shavitz Law Group

Re: job rights

Unfortunately, neither Florida nor Federal law has any provision or protection for "notice." Rather, the law only requires that an employer pay an employee for all hours/days actually worked. As a result, while you may have believed there is some regulation out there, under the facts you presented, there is no recourse for the specific problem your fiance has experienced. However, if he worked overtime hours for which he wasn't properly compensated, for example, he may have a different type of claim. Either way, he should consult with an experienced labor and employment attorney promptly in case there are more or different facts involved.

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Answered on 1/15/07, 2:21 pm


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