Dantzler Lumber & Export Co. v. Defreitas
Dantzler Lumber & Export Co. v. Defreitas
Opinion of the Court
This is an appeal by an employer from a final judgment entered pursuant to a jury verdict in favor of the plaintiff, a former employee, for breach of an employment agreement.
The employer contends that the trial court erred by failing to direct a verdict against the plaintiff because he had signed a resignation and because there was evidence that he lied at the time of his employment interview concerning the reason for his discharge from a previous employment. The plaintiff contends that his resignation was involuntary and made under duress when he was fired and advised that the appellant would only reconsider the discharge if the employee formally resigned.
Generally an employee who elects to resign gives up his right to sue for breach of contract. But a resignation that is involuntary because of duress is voidable. See Mullan v. Bishop of the Diocese of Orlando, 540 So.2d 174 (Fla. 5th DCA 1989); McLaughlin v. State, Department of Natural Resources, 526 So.2d 934 (Fla. 1st DCA 1988). See also City of Miami v. Kory, 394 So.2d 494 (Fla. 3d DCA), rev. denied, 407 So.2d 1104 (Fla. 1981).
Therefore, the final judgment is affirmed.
Reference
- Full Case Name
- DANTZLER LUMBER AND EXPORT COMPANY v. William R. DEFREITAS and Patricia Defreitas
- Cited By
- 1 case
- Status
- Published