Legal Question in Employment Law in Florida

An employee was given a list of requirements to fulfill in a 30 day period, which if not fulfilled, his employment would be terminated. He signed the agreement. After 30 days, he was terminated. When he asked why he was being terminated, no one would answer. His employer offered him a severence check for two weeks pay that will bind the employee not to sue. Is the employer breeching the original contract, which promised only to terminate the employee if those conditions were not met? If the employee believes he has complied in full with the list, would that be a reason to sue? Is it expensive to sue, or is it in the employee's best interest to accept the (very small) severence check, despite 2 and a half years of dedicated service to his employer? In today's economy would a judge determine his employer to have breeched a contractual promise not to terminate the employee? Should the former employee refuse to sign the waiver to sue, and not accept the consideration that the severence check provides to void the original contract not to terminate employment?


Asked on 9/25/10, 5:49 am

1 Answer from Attorneys

Scott Behren Behren Law Firm

You want to have an employment lawyer review the 30 day contract, the severance agreement and discuss the facts of the employment before you make any decisions, that way you can be advised of your legal rights. For more information on your employee rights, check out my employee rights blog www.takethisjobnshoveitblog.com or you can go to me website www.behrenlaw.com.

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Answered on 9/30/10, 9:00 am


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