KALANTARY v. SERVICES INC (2020)

District Court of Appeal of Florida, Fifth District.

Abraham KALANTARY, Appellant, v. U.S. SERVICES, INC., Appellee.

Case No. 5D20-157

Decided: December 18, 2020

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.

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 (7th Cir. 1970) (“It would indeed be an anomalous situation raising serious questions of mutuality to interpret an obligation on the part of the employer-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.”); Maguire v. Am. Fam. Life Assur. Co. of Columbus Ga., 442 So. 2d 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.

PER CURIAM.

EVANDER, C.J., EDWARDS and HARRIS, JJ., concur.

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