Segal v. Arrow Industries Corp.

Decision Date14 November 1978
Docket NumberNo. 77-2580,77-2580
CitationSegal v. Arrow Industries Corp., 364 So.2d 89 (Fla. App. 1978)
CourtFlorida District Court of Appeals
Parties115 L.R.R.M. (BNA) 4618 Norman SEGAL, Appellant, v. ARROW INDUSTRIES CORPORATION, Appellee.

Chonin & Segor and Marilyn Sher, Coral Gables, for appellant.

Virgin, Whittle, Garbis & Gilmour, Miami, for appellee.

Before PEARSON and HENDRY, JJ., and CHARLES CARROLL(Ret.), Associate Judge.

PER CURIAM.

The plaintiff filed a complaint seeking damages from his employer claiming a right of action for being wrongfully discharged from his employment where his employment was terminated because he filed a claim for workman's compensation benefits.The trial court dismissed the complaint, and we affirm.

Plaintiff admits that no Florida case supports a cause of action for retaliatory discharge of private employment where, as here, the employment was oral and terminable by either the employer or the employee at any time.Nevertheless, plaintiff asserts that the cause of action should exist and relies upon the reasoning in Frampton v. Central Indiana Gas Company, 60 Ind. 249, 297 N.E.2d 425(1973);1andSventko v. Kroger Company, 69 Mich.App. 644, 245 N.W.2d 151(1976).2We decline to follow the reasoning of these cases and affirm upon authority of DeMarco v. Publix Super Markets, Inc., 360 So.2d 134, 136(Fla.3d DCA1978), and cases cited thereat.

Affirmed.

1"Retaliatory discharge for filing a workmen's compensation claim is a wrongful, unconscionable act and should be actionable in a court of law.Although, we know of no other cases in this or in any other jurisdiction holding that such a discharge is actionable, there has been a parallel development in landlord and tenant law.Courts in several jurisdictions have held that 'retaliatory evictions' offend public policy."297 N.E.2d 425 at 428.

2* * *

"(W)hile it is generally true that either party may terminate an employment at will for...

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18 cases
  • Malhotra v. Cotter & Co.
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • September 12, 1989
    ...Hudson v. Zenith Engraving Co., 273 S.C. 766, 259 S.E.2d 812 (1979); Martin v. Tapley, 360 So.2d 708 (Ala.1978); Segal v. Arrow Indus. Corp., 364 So.2d 89 (Fla.App.1978); Dockery v. Lampart Table Co., 36 N.C.App. 293, 244 S.E.2d 272, cert. denied, 295 N.C. 465, 246 S.E.2d 215 (1978); Stephe......
  • Boyle v. Vista Eyewear, Inc.
    • United States
    • Missouri Court of Appeals
    • November 5, 1985
    ...rationale for this minority position); Kelly v. Mississippi Valley Gas Co., 397 So.2d 874, 876-77 (Miss.1981); Segal v. Arrow Industries Corp., 364 So.2d 89, 90 (Fla.App.1978); Dockery v. Lampart Table Co., 36 N.C.App. 293, 244 S.E.2d 272, 275-76 (1978); Martin v. Tapley, 360 So.2d 708, 709......
  • Pierce v. Ortho Pharmaceutical Corp.
    • United States
    • New Jersey Supreme Court
    • July 28, 1980
    ...Hosp., 352 So.2d 1130 (Ala. 1977) (employee alleged she was fired for refusing to falsify medical records); Segal v. Arrow Industrial Corp. 364 So.2d 89 (Fla. App. 1978) (employee alleged discharge in retaliation for filing worker's compensation This Court has long recognized the capacity o......
  • Adler v. American Standard Corp.
    • United States
    • Maryland Court of Appeals
    • July 16, 1981
    ...discharging an at will employee is irrelevant. See Bender Ship Repair, Inc. v. Stevens, 379 So.2d 594 (Ala.1980); Segal v. Arrow Industries Corp., 364 So.2d 89 (Fla.App.1978); Georgia Power Co. v. Busbin, 242 Ga. 612, 250 S.E.2d 442 (1978); Kelly v. Mississippi Valley Gas Co., 397 So.2d 874......
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1 books & journal articles
  • Employer-employee relations
    • United States
    • James Publishing Practical Law Books Florida Small-Firm Practice Tools - Volume 1-2 Volume 1
    • April 1, 2023
    ...the employment contract.” [ DeMarco v. Publix Super Markets, Inc. , 360 So. 2d 134, 135 (Fla. 3d DCA 1978) Segal v. Arrow Indus., Inc., 364 So. 2d 89, 90 n. 2 (Fla. 3d DCA 1978).] Thus, under the at-will employment doctrine, an employer or employee can terminate the employment relationship ......