Employment & Labor Law

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J.R.D. Management corp. v. Dulin

29 Fla. L Weekly D1094 (Fla. 4th DCA May 5, 2004)

Heather Dulin sued her employer, J.R.D. Management, for breach of contract, and J.R.D. and Robert Wiener, a J.R.D. principal, for fraud in the inducement. A jury found that an enforceable employment agreement existed between the parties, that J.R.D. breached the agreement by terminating Dulin without good cause, that Dulin was entitled to $ 15,000 in damages under the severance provision of the agreement, that J.R.D. did not fraudulently induce Dulin, but that Wiener did fraudulently induce Dulin entitling her to $ 31,875 in damages where she properly mitigated those damages. J.R.D. and Wiener appeal. Dulin claims that her employment agreement was created in a letter that she had sent to Wiener and J.R.D. In that letter, Dulin set her salary at $ 75,000 per year, allowed for the structuring of a bonus package of up to $ 25,000 per year, stated her titles as Regional Marketing Manager - South Florida and Property Manager - Windsor, and provided for car, cell phone, and laptop computer allowances. The letter also included a severance provision that provided: "If I am terminated for any reason other than good cause at any time during the first twelve months I will be given a severance payment of $ 15,000." Other than the severance provision, the letter contained no provision setting out time frames or stating a definite term of employment. The letter did not include a severability clause. The letter was signed by Wiener and later ratified by J.R.D. Forty-five days after beginning her employment, Dulin was released by Wiener and J.R.D. On appeal the Wiener and J.R.D. argue that the letter was not an enforceable employment agreement for lack of a definite term of employment. They contended that Dulin was an at-will employee unable to bring a breach of contract or fraud in the inducement claim. The 4th District Court of Appeals agreed with Wiener and J.R.D. stating, the letter, clearly did not include a definite term of employment, making the agreement unenforceable and Dulin an at-will employee. The court further stated that, in Florida

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