My last boss was a jerk

June 22, 2007 7:54 AM

I gave notice at my last job, then was 'fired' before the end of my notice period. What options do I have (in Florida)?

I gave a standard two-week notice at my last job, then was asked by my supervisor to stick it out until the end of the fiscal year (about four more months), to which I agreed (it was a small company and I felt bad for them). However, about a month after giving notice I was called into the supervisor's office and gently 'let go'. I had halted all job-searching machinery when they asked me to stick around, so this kind of left me in the lurch.

I'm situated just fine for work now (better off, even), but decidedly put out by their lack of professionalism. I feel that it was a very, very rude thing to do on their part, and just wonder what legal recourse I might have against them.

I'm not interested in money over this, just the principle of the thing.

posted by Pecinpah to Work & Money (16 answers total)

Florida is an at will state. Unless you had a contract, they can terminate employment whenever for whatever reason, just as you can terminate employment.

How they handled it was crappy, unfortunately I don't think there is much legal action you can take.
posted by Elaisa at 8:02 AM on June 22, 2007

Dittoing Elaisa. I was in a similar situation in S. FL. a few years back. Unless you can prove your termination was for something that violated labor laws, you're SOL. The best thing to do is file for unemployment ASAP.
posted by Cat Pie Hurts at 8:10 AM on June 22, 2007

Just call up your closest friend at your old place of employment, and without getting angry, tell him what happened. If your other coworkers know about this, then when the next person submits notice, they won't get burned the same way. Basically, by treating you badly, he will have forfeited his ability to ask all of the others for the similar favor of staying on.
posted by Maxwell_Smart at 8:11 AM on June 22, 2007 [6 favorites]

Make sure you talk to HR and see if you can get your termination marked as a layoff, so you can get unemployment. This happened to me a couple of years ago, its pretty common, there is not a whole lot to do about it.
posted by stormygrey at 8:16 AM on June 22, 2007

If you're better off anyway (which in the scheme of things could argue that their unprofessionalism did you a favor), probably better for your own mental well-being to just let it go. Why carry it around with you, or threaten to turn it into something to take up even more mental space and effort? And really, if this is how they do business, it will bite them in the ass somewhere down the line anyway.
posted by troybob at 8:29 AM on June 22, 2007

Just call up your closest friend at your old place of employment, and without getting angry, tell him what happened. If your other coworkers know about this, then when the next person submits notice, they won't get burned the same way.

Yep, I had a friend who worked somewhere where it became known that management fired people who gave notice. So people just stopped giving notice. Well done, management!
posted by grouse at 8:42 AM on June 22, 2007

Maxwell_Smart has the best idea here. And it at least you are better off now. Since you are 'at will' employment (I am too), there's nothing you can do.

You could write a letter to the editor in your local paper, and make them look bad to the town at large, but it may not get you anywhere.
posted by triolus at 9:00 AM on June 22, 2007

Response by poster: Thanks for all the suggestions. I think I'm out of luck on the making-them-look-bad thing, as they are a company of three employees (two, now) and really don't have an HR dept. Also, they are such an obscure business (tide gauge maintainance) then if I wrote a letter to the local paper no one would know who I was talking about.

Anyway, I do appreciate the input. Thanks.
posted by Pecinpah at 10:46 AM on June 22, 2007

Why are you looking for legal solutions, particularly with so few people involved? Why not say to the guy hey, I did you guys a favor and agreed to stay on and agreed to stop searching for a job for the agreed upon period. I'm happy to separate amicably. In fact, that was always my intention, but now this is kind of putting me out. How about letting me continue here for a few weeks until I can find something else -- sort of like how I agreed to continue here when you needed me?

If you're set on being vindictive, I guess you can take them to small claims court. You probably won't win. You'll probably be out some time and some filing fees. However, you'll create a giant headache for them and consume some of their time as well.

I'd advise the higher road though for whatever that's worth.
posted by willnot at 11:12 AM on June 22, 2007

Oh wow, it's such a small company. I thought it was ConglomerateCO. I'd just tell the guy off, then, pending any outside-work friendship.
posted by triolus at 11:16 AM on June 22, 2007

Response by poster: It's not a sense of vengence I'm (casually) persuing this with, I'd just like to know what recourse I have.

I asked if I could stay for the previously agreed-upon period, but was told that the decision was final. I told the guy that I thought what he was doing was rude, and I told him he should respect the favor I had agreed to do him. Being a bit of a jerk, however, he was not at all swayed by those arguments.

Believe me, I was forthcoming with my opinions when presented with my walking papers, though I was not rude about it. Small claims court would be about as attractive to me as it would be to them, and I'm not interested in harrasing them with petty complaints.
posted by Pecinpah at 11:21 AM on June 22, 2007

Don't be too quick to assume that you were an at will employee with no recourse without checking with a lawyer experienced in these matters and in FL law. They requested that you stay through a fixed period. This could easily be interpreted as a promise or contract of employment for four months. You acted in reliance upon that by stopping your job search activities. They may very well owe you your pay through the end of the four months. See a lawyer if you would care to pursue it. However, unless you are very highly compensated three months pay may not be worth the hassle and expense of legal action. You might be able to negotiate a decent severance though.
posted by caddis at 11:28 AM on June 22, 2007 [1 favorite]

I agree with Caddis, if there was an agreement that you would stay on for a fixed period of time that would constitute a contract, even if it was only verbal.
posted by outsider at 11:56 AM on June 22, 2007

You told him what you thought of him.. that's probably about the best you can do. WTG. =)

Any state that HAS an at-will employment statue is probably going to use it. I think everyone here agrees that a court battle would be costly (to you, more than anyone), and may not worth the cost.
posted by triolus at 7:00 PM on June 22, 2007

I think everyone here agrees that a court battle would be costly (to you, more than anyone)

I am not agreeable on this. sorry. the expense to the business of a lawsuit probably exceeds the expense to Pecinpah, although the insurer might be picking up that tab. In any event, I am totally against all these wimps who just think there is nothing to do but accept the dire fate and move on.
posted by caddis at 11:33 PM on June 22, 2007

If you had any remaining vacation time that was not paid, they are required to pay it. You may be eligible for unemployment. I don't think you have any other legal standing. You could consult a lawyer. Sometimes people are jerks. It sucks. Most of the things you could do about it would make you a jerk, too. That sucks, too. Moving on is a valuable skill to learn.
posted by theora55 at 7:55 AM on June 23, 2007