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  • Florida Termination Florida

    I brought this up before and I wanted to ask another question. Is this something more of contract law or employee. I was offfered 2 jobs and 2 differant companies, pretty much at the same time. both written offers. I had in fact accepted one position and was courted to a least fly out and talk with the other. They made a offer and I resigned for the new position, packed my bags and moved my family from Las Vegas to Florida. With the agreement of relocation payment. All was fine for about 6 months and then came a termination without any write up or warning. I had mentioned the case below and some said it depends on what was or wasn't promised. Below the cashdoller cash is the reasons I still think it is a invalid termination:


    similar situation example:
    In Cashdollar v. Mercy Hosp. of Pittsburgh, 406 Pa. Super. 606, 595 A.2d 70 (1991)
    the court upheld a jury verdict in favor of the plaintiff on a claim of breach of implied
    contract. After much persuasion by Mercy Hospital of Pittsburgh, Cashdollar left his job as
    vice-president of human resources at a hospital in Fairfax, Virginia where he had worked
    for over four years, for a similar position at Mercy Hospital in Pittsburgh, Pennsylvania.
    Mercy Hospital induced Cashdollar to leave his job with promises of future opportunity.
    Sixteen days after he began his employment, however, Cashdollar was fired. The jury
    found additional consideration existed in this instance because the employee conferred a
    substantial benefit on the employer other than what the position would normally require.
    Resigning from a secure, high-paying job, selling his house and relocating to Pittsburgh
    with his pregnant wife and two-year-old son were determined to be sufficient evidence that an implied contract for employment existed between Cashdollar and Mercy Hospital.


    Here is a case where an attorney said, ok it does not fit the bill of discrimination, age, sex or religion, but I like it. Took the case and won. My scenario is very similar, even though without knowing everything that went on with Cashdollar vs Mercy case, I believe I have a valid case, and it might add 1 more instance where at- will is not so cut and dry.

    Here is what I am claiming:

    A.The plaintiff must establish that he or she was "induced" to leave other employment by assurances that they would not be terminated without cause;

    B.The plaintiff must show reliance on the employer's assurances of job security.

    C.To overcome the at-will presumption, there must be an express contract between
    the parties, or an implied-in-fact contract plus consideration passing from the employee to
    the employer from which the court can infer the parties intended to overcome the at-will presumption. Sharp v. BW/IP Int’l, Inc. 991 F. Supp. 451, 459 (E.D. Pa. 1998) (citing
    Anderson v. Haverford College, 851 F. Supp. 179, 181 (E.D. Pa. 1994)).3.

    D. Additional Consideration Supplied by Employee
    The presumption of at-will employment may be overcome by showing that the employee provided substantial additional consideration to the employer and termination of employment would result in great hardship or loss to the party known to be both employer and employee when the contract was made. Permenter v. Crown Court & Seal Co., Inc.,
    38 F. Supp. 2d 372 (1999), Aff’d 210 F.3d 358 (3d Cir. 2000);

    E. breach of employment contract


    what say you? thanks

  • #2
    Thank you

    I appreciate it, that was what I was looking for, a case law for Florida. You guys are the best

    Dan

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