ABRAHAM KALANTARY
v.
U.S. SERVICES, INC.
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An employment relationship with an indefinite or discretionary term is terminable at will by either party, and no breach of contract action may be maintained absent a definite term of employment binding both parties.
[1] An employment relationship with an indefinite or discretionary term is terminable at will by either party, and no breach of contract action may be maintained absent a def…
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Join FLexlaw to unlock all legal intelligence“where term of employment is discretionary with either party or indefinite, then either party for any reason may terminate it at any time and no action may be maintained for breach of the employment contract”
DeMarco v. Publix Super Markets, Inc., 384 So. 2d 1253, 1254 (Fla. 1980)
Abraham Kalantary appealed a trial court decision regarding his employment dispute with U.S. Services, Inc. The case involved a claim of breach of an …
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
ABRAHAM KALANTARY,
Appellant,
v. Case No. 5D20-157
U.S. SERVICES, INC.,
Appellee.
________________________________/
Opinion filed December 18, 2020
Appeal from the Circuit Court for Orange County, Keith A. Carsten, Judge.
John G. Mac'Kie, III, of J. G. Mac'Kie, P.A., Naples, for Appellant.
Stephen T. Ball and J. Keith Ramsey, of Holland & Knight LLP, Orlando, for Appellee.
PER CURIAM.
See DeMarco v. Publix Super Markets, Inc., 384 So. 2d 1253, 1254 (Fla. 1980) (holding that where term of employment is discretionary with either party or indefinite, then either party for any reason may terminate it at any time and no action may be maintained for breach of the employment contract); see also Buian v. J.L. Jacobs & Co., 428 F. 2d 531, 533 (11th Cir. 1970) (“It would indeed be an anomalous situation raising serious questions of mutuality to interpret an obligation on the part of the employer-
2
defendant to employ the plaintiff for eighteen months and at the same time allow the employee-plaintiff to work simply as long as he desires.”); Mcguire v. Am. Fam. Life Assur. Co. of Columbus Ga., 442 So. 3d 321, 323 (Fla. 3d DCA 1983) (“Without an employment contract specifically obligating both the employer and the employee for definite term of employment, the employment is considered to be indefinite and terminable at the will of either party.”).
AFFIRMED.
EVANDER, C.J., EDWARDS and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- DeMARCO v. Publix Super Mkts., Inc., 384 So. 2d 1253 (Fla. 1980)
- Buian v. J. L. Jacobs & Co., 428 F.2d 531 (7th Cir. 1970)