Carnes Law Firm | William J. Carnes
You bring up issues that warrant consideration. If the contract to which you refer was executed by a person with authority to bind the employer, the contract should remain in effect even if the person no longer works for the company. There are various federal and state statutes and common law causes of action that you might wish to pursue in order to best serve your interests. These include, but are not limited to the following: breach of contract, oral and written, misrepresentation, negligent or otherwise, fraud, defamation, libel, battery, assault, slander, intentional infliction of emotional distress, workers' compensation retaliation, interference with an advantageous business relationship, negligent hiring, negligent retention, discrimination, claims or rights under state and federal whistle blower legislation including Sections 448.101-448.105, Fla. Stat., claims or rights under the Family Medical Leave Act ("FMLA"), Fair Labor Standards Act ("FLSA"), as amended, the Consolidated Omnibus Budget Reconciliation Act ("COBRA"), Employee Retirement Income Security Act (` ERISA") of 1974, as amended, the Americans with Disabilities Act ("ADA"), the Age Discrimination in Employment Act ("ADEA"), the Equal Pay Act ("EPA"), Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, the Florida Civil Rights Act of 1992 ("FCRA") Fla. Stat Chapter 760. There are one or more statutes of limitation for these causes of action. If you wish to pursue a claim, you must file the complaint prior to the end of the limitation period, or the claim will be barred. Unfortunately, this firm cannot render a competent legal opinion based on an unsolicited factual scenario. Your query requires more facts to allow for proper consideration by an attorney. A consultation with an attorney at this office frequently requires more than two hours of the attorney's time to complete. The attorney and the client meet to discuss the facts and review any documentation. We conduct a general discussion of the law, and the attorney advises the client of the options the client may wish to consider. After the consultation, the attorney reviews the notes, researches the law, if necessary, and drafts a summary follow-up letter to the prospective client. Should you decide to pursue this matter, it is important to remember that you will have the burden of proving your case. You must provide the witnesses and other evidence, direct and circumstantial, necessary to prove the elements of the specific charge against your employer. I urge you to do what is necessary to make a sound decision on whether to pursue or to abandon your case. The above is not a legal opinion and cannot be relied upon as such. There is no attorney-client relationship created by responding to this inquiry. Should you wish to get a legal opinion upon which you can rely, the only way is to hire an experienced employment attorney in your local area who can get all of the facts, research the law and explain your options to you.
Answer Applies to: Florida
Law Offices of Steven A. Fink | Steven Alan Fink
They have to honor your contract if it was for a specific length of time. Otherwise, you are an at-will employee and your contract can be terminated, hours changed, wages changed, duties changed, etc. for any reason or no reason, just not an illegal discriminatory reason.
Answer Applies to: California