Q How do I get rid of a lackluster maintenance person? This person is non-unionized. Are we allowed to terminate underperforming in-house staff personnel? What recourse do we have?
—Helpless in Hollywood
A “I am assuming that the association does not have a written contract with the maintenance person that guarantees him or her the right to work for a specific term. Most supers or maintenance personnel have no such contract,” says Attorney Eric Glazer, founding partner of the law firm of Glazer & Associates, P.A. in Fort Lauderdale.
“Florida is called an “at will” state in terms of employment. This simply means that an employer can fire an employee at any time with or without cause.
“As long as the association did not fire the person because of race, religion, sex, or handicap, and again, assuming no written contract exists, the association can simply terminate any employee found lacking.”