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Jun09

Florida Dismissal Requirement

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I know that the Florida law does not require an employer to terminate an employee in writing; however, we have a signed agreement between employer and employee, to give 30 day’s written notice. Is the employer now required to provide a written termination notice to the employee now that there is a signed agreement?

Yes. Because there is a written agreement in place, the employer is expected to abide by it and provide the employee with 30 days written notice.

Generally, whenever there is a written agreement in place, the employer is expected to honor it. When you wrote the agreement, business was probably good and you did not foresee the necessity for a reduction in force, but times have changed. Unfortunately, that does not change the written agreement.

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This entry was posted on Tuesday, June 9th, 2009 at 2:27 pm and is filed under
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Jun09

Florida Dismissal Requirement

When terminating an employee in Florida, are there any requiremnt (by law) to provide servance pay, unearned vacation, or any other compensation, if the termination is due to company cutbacks. Employee’s current contract does not addresses any of this items.

No, there is no requirement that the employer pay any of these benefits to terminated workers.

Under both federal and Florida law, the employee is entitled to payment for every day or hour that the employee worked. That is all the law requires.

If the Florida employer has a written policy or past practive of paying earned vacation at termination, the Florida employee may — we stress may — have a winable case in small claims court. Otherwise, the employee is not entitled to any severance pay or payment in lieu of notice.

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This entry was posted on Tuesday, June 9th, 2009 at 11:45 am and is filed under
Termination.
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Jun09

Florida Dismissal Requirement

For a company of less than 5 employees in Florida, is there a requirement to give an employee a termination letter if the reason for termination is due to company cutbacks since our lack of workload is now puting the company in the red.

There is no requirement in Florida that any employer ever terminate an employee in writing. Simply telling the employee in person, by phone or email (yes, even IM or text message) is enough.

You may be confusing a letter of termination with a letter of recommendation. The latter is an open letter to future employers that extolls the employees strong points and highly recommends him or her. If the employee did and good job, it would be gracious to supply such a letter if requested.

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This entry was posted on Tuesday, June 9th, 2009 at 9:22 am and is filed under
Termination.
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One Response to “Florida Dismissal Requirement”

  1. jammer Says:

    haha

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