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View Full Version : Vacation package renegged? Florida


axed
08-14-2006, 11:21 AM
I stated in another post that my employer gave me the option to resign or stay and be terminated.

I opted to be terminated.

But, they did state, that If I decide to "resign" instead, that I will get all vacation and sick leave paid to me.

NOW, even though I was terminated.....I get a letter from them (ceritfied mail) that I resigned!!

NOW, being that they now assumed I resigned, I can say, "Oh, so are you going to send me my check for my vacation and sick leave? If not, I'll will take civil action.

Can they "change their mind" if the want to, even though you were TOLD you'd get the vacation/sick leave?

helpinghand
08-14-2006, 11:30 AM
It is obvious that your company was almost forcing you in to a no win situation. It appears your employer was playing 'games' with you; thus trying to force you in to a decision that would favor them. Depending on what you experienced during your employment this may or may not give rise to potential 'legal liability' againsed this employer. It would be helpful to provide more information. :rolleyes:

cbg
08-14-2006, 11:31 AM
Since Florida law does not require that vacation or sick time be paid out at all, unless you have a binding and enforceable contract to the contrary, yes, they can change their minds.

Only an attorney in your state can tell you whether or not their "promise" constitutes a binding contract under your state's laws.

axed
08-14-2006, 12:07 PM
Since Florida law does not require that vacation or sick time be paid out at all, unless you have a binding and enforceable contract to the contrary, yes, they can change their minds.

Only an attorney in your state can tell you whether or not their "promise" constitutes a binding contract under your state's laws.

The most I can provide for this instance, is the copy of the letter I wrote to the Department Head stating I intend on staying until terminated. And also, I can expound I was asked on 3 occasions "are you sure you want to do this??"

Of course, they can always lie.

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