If a company is incorporated in Delaware but employs people from all over the US, what labor laws prevail?

Fort Myers, FL Viewed 245 times. Posted 10 months ago in Employment / Labor

I am 54 and was a highly compensated employee (over 150K/yr) working in Florida. I came to work one day one was told, without notice, that my position was eliminated as of that day and I would receive 12 weeks severance pay. I was told to go home. This was a month ago, and the more I think about it I believe I was treated unfairly and deceived. Shouldn’t they have given me a paid notice? Severance is for past performance. My primary working location is in Florida, but the company is incorporated in Delaware. Do the labor laws for Delaware come into play? I am thinking of taking additional action due to; no notice termination, insufficient severance in retrospect to 12 yrs contribution, and breach of verbal contract. Do I have a valid complaint? - Is this your question? Add additional information

Answers (3)

Christopher J. Coleman

This attorney is licensed in Florida. Posted 9 months ago.

The location of your employment will govern. Additionally, under Florida's employment law the employer does not need to provide for severence, nor paid notice. Verbal agreements are enforecable in Florida under certain circumstances. However, a "gratuitous" offer to provide 12 weeks severance may lack consideration. I would recommend you contact a labor attorney in Fort Myers. Generally, they will provide a free consultation. You may also wish to explore the cause of your termination. If you were terminated as a result of your age, you may have a cause of action against the employer. Both Federal and Florida law prohibit age discrimination in employment practices.

E. James Perullo

This attorney is licensed in Massachusetts. Posted 8 months ago.

More needs to know about your job: did you only workin Florida; did you travel to other states to do work; where was most of your work done; where do you live?
Jurisdiction will typically related to the state where you did most of the work, but your home state may have a statute that protects your employment rights as a citizen of that state.
From what I've read from your question. It does appear that consulting a Florida attorney is your next step.

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