Miami, FL asked in Employment Discrimination and Employment Law for Florida

Q: My previous employer terminated me and wanted train my replacement in order to work 2 additional weeks. Is that fair?

I was an Inventory Specialist for Comfort Temp Heating and Air in Gainesville, Florida. On 7/13/23, I was terminated from that employer. At 6am that day, I was told but my peers that the CFO, C.W. felt that the position and I was no longer needed with the company and they it was being discussed for the past couple days that the company no longer needed the position. Around 830am I was called into a meeting with the HR Manager, J.B.; she told me that the company decided to "dissolve the position for financial reasons" and they have decided to terminate me as well (after being told on numerous occasions that I've been doing a great job in the position I was in). Mrs. Bachman informed me of 2 options: 1. Was that I can either leave immediately or 2. I could work for 2 weeks and train my replacement on the responsibilities of the position. I asked to work the next 2 weeks but I declined to train,I was asked to leave. There's more information on the situation.

2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
Answered
  • Employment Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: It may not be fair, but that's a different question than, "Do I have any legal remedies?" To answer that question, you must schedule a consultation with an attorney handling employment law. It sounds like the employer was portraying this as a layoff, not a termination for anything being held against you personally. If it truly is a layoff, and you had no employment contract restricting the types of reasons needed for termination, it's likely that your only potential remedy is Reemployment Assistance (unemployment comp), if you qualify. But if this "layoff" is a fake reason given for termination, then the issue is, WHY did they fake it? Was it to unlawfully discriminate or retaliate against you? Those are the issues to be analyzed.

Mitchell Feldman and Terrence H Thorgaard agree with this answer

Mitchell Feldman
PREMIUM
Mitchell Feldman
Answered
  • Employment Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: If you believe there are other reasons for your termination, other than a financial reason by your employer, then I suggest you consult with your employer. As an employee at Will, you can be terminated for any reason at any time, and your employer has no obligation to provide you two weeks of work.

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