At-Will employment

Exceptions to At-Will Employment

1. Constructive Discharge 2. Implied Contracts (Florida doesn't like them) 3. Public Policy 4. Statutory requirements such as anti-discrimination laws. Additional: 5.Promissory estoppel 6. Implied covenant of good faith and fair dealing 7. Whistleblower protections If an employee can show that termination falls into one of these exceptions, then the at-will presumption can be overcome. ****These exceptions are not the same for all states

What are three exclusions from At-Will Employment

1. Government Employment 2. Employees under a collective bargaining agreement 3. Employees who have an individual contract with their employer that specifies a term of employment.

For a Wrong discharge claim, the employee must show one of the following two circumstances:

1. That the termination fits into the exceptions to the general rule or 2. That the employee was constructively discharged.

Wrongful discharge:

A fired employee can overcome the presumption of at-will employment by showing that he or she was fired wrongfully.

An implied contract is

One that is not expressed but is created by other words or conduct of the parties involved. Courts have found contracts implied from off-hand statements made by employers during pre-employment interviews.

Which three at-will exemptions are rarely recognized in Florida?

Public policy and Implied contract. and Implied covenant of good faith and fair dealing. ****Florida courts do not generally recognize the implied contract or public policy exception. But occasionally exceptions are recognized.

To show Constructive Discharge:

The employee has to give actual notice to the employer that he or she is quitting because of bad conditions.

Public policy exception to at-will employment is when

The termination violates an express, well-established public policy of the state.

What is Constructive Discharge:

When an employee resigns because of intolerable, extraordinary, and egregious workplace conditions.