Legal Question in Workers Comp in Florida

Does a person have the right to sue a former employer because they hired men to do a job then before the 90 days fire everyone. The company says they can no longer pay employees but let everyone go before they can apply for unemployement. The person had not been in trouble with the company & it happend with serveral people. Hearsay from other people say thats what that company does, employ for whatever they need completed then fire before they can extersise their right to recieve unemployemnet.


Asked on 8/20/10, 2:10 pm

1 Answer from Attorneys

Jane-Robin Wender Wender Law, P.A.

While this is not a workers' compensation question, I can answer it. Florida is considered an "at will" state which means that employers can hire and fire at will. So, under the scenerio that you have outlined, there is no law that the employer has broken and there is no cause of action against him. As to unemployment compensation, the 90 days that you have to work can be a combination of this job and a previous job and this employer does not get off with no responsibility, rather, they have to pay their share of the 90 days.

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Answered on 8/25/10, 5:15 pm


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