Offer Letters versus Employment Contracts

Florida Courts have established that an offer letter is not automatically a contract for employment. Pursuant to Florida law, employment is presumed to be at will or without  contract unless there are a clear and definitive contract terms. See Muller v. Stromberg Carlson Corp, 427 So.2d 266, 268 (Fla. 2d DCA 1983). A former employee brought an action to recover against his former employer for breach of employment contract after he was not provided with salary increases and was ultimately terminated from his position without cause. Id. at 267. The trial court dismissed his claims with prejudice and the employee appealed. Id. The Second DCA found that without a written contract with clear and definite terms, the employer can change the terms of an employment agreement and/or terminate employment at any time. Id. at 268.

          In Leonardi v. City of Hollywood, a gentleman who was offered a position with the city sued on a cause of promissory estoppel after the city withdrew its offer of employment shortly after issuing its offer letter to him. 715 So.2d 1007, 1008 (Fla. 4th DCA 1998). The trial court ruled in favor of the gentleman and awarded damages indicating that pursuant to the principles of promissory estoppel that Leonardi had determinately relied on the city’s promise. Id. The Fourth DCA, however, found that there was no promise for an at-will employee who was only provided an offer letter and that his reliance on that offer was unreasonable. Id. Without definitive written contractual terms, Florida courts have found that an offer letter is not an employment contract and that those employees are considered at-will and at any time can have their employment terminated or the terms of employment changed.