BENNY MALVER, APPELLANT,
v.
SHEFFIELD INDUSTRIES, INC., APPELLEE
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The court held that a breach of contract claim for lost benefits due to termination may be amended to allege lack of reasonable notice, but a tortious interference claim based on interference with expected benefits flowing from the employment relationship is not viable.
Plaintiff sued his former employer for breach of contract and tortious interference after his employment was terminated. The breach of contract claim …
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NESBITT, Judge.
Malver, having elected to stand on his second amended complaint, appeals its ultimate dismissal. We affirm the dismissal, but remand with directions to allow an amendment of Count I of the complaint.
In Count I, a breach of contract count, Malver sought recovery of medical insurance and disability payments which were lost when his employment was terminated by Sheffield Industries, Inc. (Sheffield). Because the contract of employment was of indefinite duration, it was terminable at will. Smith v. Piezo Technology & Professional Administrators, 427 So. 2d 182 (Fla.1983). However, Sheffield, the employer, was required under the law to give Malver reasonable notice of termination. Perri v. Byrd, 436 So. 2d 359 (Fla. 1st DCA 1983). If Malver pleads and proves that there was no reasonable notice given, he can recover those damages which were caused by the failure to give such notice. Byrd. Since it appears from the complaint that such an allegation can be made, Malver should be permitted to amend Count I.
In Count II, Malver attempted to allege a tortious interference with a contract or expectancy. The gist of the count appears to be that Sheffield’s termination of Malver’s employment tortiously interfered with his expected insurance benefits. Since the expectancy which was allegedly interfered with flowed directly from Sheffield’s employment relationship with Malver, it is not possible for the plaintiff to state a cause of action for interference. A.R.E.E.A., Inc. v. Goldstein, 411 So. 2d 310 (Fla. 3d DCA 1982); Ethyl Corp. v. Balter, 386 So. 2d 1220, 1223-24 (Fla. 3d DCA 1980).
Accordingly, the order dismissing the complaint is affirmed with directions that the plaintiff be allowed to amend Count I. Affirmed with directions.
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Terence B. Crawford v. David Shapiro & Co., P.A., 490 So. 2d 993 (Fla. 3d DCA 1986)…employment contract, although unable to recover damages for the other party’s decision to terminate, may seek to recover damages caused by the failure of the other party to give reasonable notice of termination. Malver v. Sheffield Industries, Inc., 462 So. 2d 567 (Fla. 3d DCA 1985); Perri v. Byrd, 436 So. 2d 359 (Fla. 1st DCA 1983). Reasonable notice under the circumstances of this case would have been to inform Crawford within a reasonable time of the decision to terminate the agreement that a position was…
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Benny Malver v. Sheffield Indus., Inc., 502 So. 2d 75 (Fla. 3d DCA 1987)…Sheffield policy had it still been in effect. Malver brought this action to recover that $6,470 from Sheffield. This action was before this court once before on Malver’s appeal from the dismissal of his complaint. Malver v. Sheffield Indus., Inc., 462 So. 2d 567 (Fla. 3d DCA 1985). We affirmed the dismissal of Count II which alleged a tortious interference with a contract or expectancy but remanded the case with directions to allow the amendment of Count I which alleged breach of contract. We held then: Sh…
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Mousa v. Lauda Air Luftfahrt, 258 F. Supp. 2d 1329 (S.D. Fla. 2003)…nticipate that damages could exceed that notice period.”). Furthermore, Florida is a strong at-will employment state. See, e.g., Hartley v. Ocean Reef Club, Inc., 476 So.2d 1327, 1328 (Fla. 3d DCA 1985); Malver v. Sheffield Indus., Inc., 462 So.2d 567, 568 (Fla. 3d DCA 1985); Rehman v. ECC Int'l Corp., No. 90-425-Civ-ORL-22, 1993 WL 85758, *3 (M.D.Fla. Mar.4, 1993). If a plaintiff proves that no reasonable notice was given, he may recover damages for the failure to give notice, but his reco…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Politis v. Gen. Hotel & Rest. Supply Corp., 386 So. 2d 1220 (Fla. 3d DCA 1980)
- Smith v. Piezo Tech. & Prof'l Administrators, 427 So. 2d 182 (Fla. 1983)
- Perri v. Byrd, 436 So. 2d 359 (Fla. 1st DCA 1983)
- A. R. E. E. A., Inc. v. Goldstein, 411 So. 2d 310 (Fla. 3d DCA 1982)