Employment Law

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Yesterday I was off of my teaching position as well as 2…

Customer Question
Yesterday I was laid...

Yesterday I was laid off of my teaching position as well as 2 other teachers. A month ago the principal posted that none of our jobs are in jeopardy with a bunch of reasons why they are not. Is it legal for them to do this? They are also asking that I work part time the month of October. Will that affect unemployment benefits?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Submitted: 8 months ago.Category: Employment Law
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Answered in 1 minute by:
9/30/2017
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 12,387
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 8 months ago
okay.
Customer reply replied 8 months ago
We can just chat on here since I just paid $50 and don't want to pay anymore.
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

No problemo. One moment...

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Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

I’m sorry to hear about your situation. It is possible that you may have a cause of action for breach of contract under the doctrine of promissory estoppel. Promissory estoppel means that if another party made a promise upon which you detrimentally relied, but then later reneged on that promise, then you may have a cause of action to recover for that reliance. In addition, if you are working part-time in October, it may make you ineligible for unemployment benefits. Unemployment benefits are for those who have paid into the system long enough, are not working, but are actively looking for work. In your case, if your boss assured you that your position was safe, but then later said that you were going to be terminated, then it is possible that you may have a cause of action under promissory estoppel. Also, if you are working part time in October, then you would probably become ineligible for unemployment benefits because you are working.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 8 months ago
I relocated from Virginia for this job. Is there anything there that can be illegal?
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

The same principles will actually apply. There's no specific law in VA that protects you in this situation. In essence, you may be able to sue on your reliance on their promise and the damage it caused when they went back on it. What other questions did you have for me?

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Customer reply replied 8 months ago
I am in Florida now.
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

Gotcha. I'm sorry, i thought you said you relocated to VA. In FL, you may also have a cause of action for fraudulent or negligent misrepresentation in addition to promissory estoppel.

Basically, fraudulent misrepresentation is one someone intentionally makes material statement or makes a material omission that induces someone else to enter into an agreement. The other party can also be held liable for negligent misrepresentation if they state a fact that induces the other party to enter into an agreement without having reasonably checked on the accuracy of their statements. A fraudulent or negligent misrepresentation can lead to the rescindment of a contract in addition to a payment of damages to the other party who was misled. Keep in mind that this is different than what is known as “puffing” in sales terms which generally allows salespeople to give their opinion on a product or service. For example, it’s not against the law to say, “I believe that this product is the absolute best on the market.” The only exception would be if they made misrepresentations to the safety of a product.

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Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

Hi, I just wanted to check to see if you were still there. Did you have any other questions for me?

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Customer reply replied 8 months ago
I'm just confused by this whole matter and not sure what I am supposed to do.
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

I understand. One of the things that you could potentially do is have a discussion with the decision makers about how this may be an issue of promissory estoppel and fraudulent/negligent misrepresentation. You could suggest that the assurances made by the other party lead you to believe that your job would be fine and that is what encouraged you to go to FL. You could also explain that this has impacted you probably financially and personally and you would like to speak with them about how to resolve this.

You could ask them about what other options are available to help make sure that they get what they need from you, but also to get what you need. Sometimes, if you explain that this isn't just a legal issue, but a personal one, it may encourage them to not only be practical, but to do something that benefits you. Many times, a phone call works better than letters.

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Customer reply replied 8 months ago
thank.
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

You bet. I'm so sorry you're having to deal with this, but it seems like you should talk with them, but keep a lawsuit in your back pocket.

Further up on the screen you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

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Customer reply replied 8 months ago
please look at the screenshot
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

Interesting. So, I would argue that they either new or should have known that you wouldn't be able to keep your job and made assurances to you that you would. You may have a case here you should explore in my legal opinion.

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