Servamerica, Inc. v. Rolfe, X--52
Citation | 318 So.2d 178 |
Decision Date | 13 August 1975 |
Docket Number | No. X--52,X--52 |
Parties | 115 L.R.R.M. (BNA) 4508 SERVAMERICA, INC., and Stand 'N Snack of America, Inc., et al., Appellants, v. Michael B. ROLFE, Appellee. |
Court | Florida District Court of Appeals |
William L. Durden, and Timothy A. Burleigh, of Kent, Sears, Durden & Kent, Jacksonville, for appellants.
Lawrence C. Rolfe, of Gelman & Rolfe, P.A., Jacksonville, for appellee.
Appellants, defendants in the trial court, appeal from a final judgment rendered pursuant to a jury verdict in favor of the appellee, plaintiff in the trial court, for compensatory damages in the sum of $3,000.
While working as an assistant manager at a Winn-Dixie Store, appellee was induced to abandon that position in order to go to work for appellant with the promise that he would ultimately be placed in a supervisory position. Appellee gave up his job with Winn-Dixie and became employed by appellant, but was never promoted to a supervisory position. The lagging economy of the country necessitated institution by appellant of an austerity program whereupon appellee was discharged. He filed suit alleging breach of an oral contract of employment.
Appellant urges that under Florida law an action may not be maintained for termination of a contract of employment without some agreement as to the length of time that the employment is to continue, citing Wynne v. Ludman Corporation, Sup.Ct.Fla. 1955, 79 So.2d 690, and that a contract for employment for an indefinite period of time is terminable at the will of either party, citing Knudsen v. Green, Sup.Ct.Fla. 1934, 156 So. 240. It further urges that inasmuch as there is nothing in the record of this cause to prove that the employment of appellee by appellant was other than for an indefinite period, terminable at the will of either party, the alleged cause of action for wrongful termination of the oral employment contract cannot be sustained.
Appellee concedes the correctness of the principles of law urged by appellant but contends that his action is not for the breach of an oral contract of employment for an indefinite period of time (which he concedes is terminable at will) but he urges instead that the gravamen of his complaint is that appellant contracted to employ him (appellee) in a supervisory capacity, to wit: in a specific position, which was never done.
The facts of this case are remarkably simliar to those in Knudsen v. Green, supra. There the plaintiff, while an employee of Standard Oil Company entitled to various fringe benefits was induced by the defendant to give up that position in reliance upon the defendant's oral agreement to hire the plaintiff as the master of the defendant's houseboat (a specific position). The plaintiff gave up his position with Standard Oil and at the direction of the defendant traveled to Maimi where he remained subject to the defendant's orders for several months when he was ultimately discharged by the defendant without ever becoming employed as master of defendant's boat, the position for which he was hired. Under those facts the Supreme Court of Florida held:
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Crawford v. David Shapiro & Co., P.A.
...denied, 367 So.2d 1123 (Fla.1979)); Hartley v. Ocean Reef Club, Inc., 476 So.2d 1327, 1328 (Fla. 3d DCA 1985); Servamerica, Inc. v. Rolfe, 318 So.2d 178 (Fla. 1st DCA 1975). In this case, no duration of employment was specified in either the original or the subsequent offer of employment. T......
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Sanders v. Liberty Nat. Life Ins. Co.
...sharing agreement." Harrison, 342 F.Supp. at 350. Finally, the case we find to be most directly on point is Servamerica, Inc. v. Rolfe, 318 So.2d 178 (Fla.Dist.Ct.App.1975). There, the plaintiff claimed that, while working as an assistant manager at a grocery store, he was induced to leave ......