Jenks v. Bynum Transport, Inc.
104 So. 3d 1217
Fla. Dist. Ct. App.2012Background
- Claimant, a licensed truck driver, was recruited for orientation at the Employer and attended a two-day orientation with lodging and meals provided.
- The orientation took place in June 2011 after Claimant resigned from his prior job; he signed a checklist stating orientation was not an offer of employment.
- Claimant completed some pre-employment steps (physical, drug test, driving test) during orientation; his formal hire date was not contemporaneously established.
- Claimant received $50 per day as orientation pay, with a separate “Orientation Pay” document indicating payment upon successful completion of orientation.
- Claimant was involved in a motor vehicle accident on the way to lunch during orientation, approximately four hours after allegedly being officially hired.
- The JCC found no unequivocal offer of employment before the accident and denied compensation; the appellate court reverses.
- The employer paid orientation-related wages and provided lodging expenses, suggesting an employment relationship existed during orientation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Claimant was an employee at the time of the accident. | Claimant was hired during orientation; compensation and benefits show employment. | No contract of employment existed before the accident; pre-employment payments were not wages. | Yes; Claimant was an employee at the time of the accident. |
| Whether orientation attendance created a contractual employment relationship under Florida law. | Orientation constituted part of the employment process and created an implied contract. | No implied contract formed before the accident; employer intended hire after orientation. | Orientation did not create an implied-in-fact contract under record evidence. |
| Whether wages paid during orientation establish a retroactive employment contract. | Orientation pay constitutes wages proving employment start. | Payments were startup funds, not wages; not dispositive of contract. | Payments alone do not retroactively establish a contract. |
Key Cases Cited
- Phillips v. Unicare Amelia Island, Inc., 458 So.2d 50 (Fla. 1st DCA 1984) (status of employment determined as a matter of law; expansive coverage under 440.02(15)(a))
- Hazealeferiou v. Labor Ready, 947 So.2d 599 (Fla. 1st DCA 2007) (expansive coverage under Florida workers’ compensation scheme)
- Hubble v. Dyer Nursing Home, 188 S.W.3d 525 (Tenn. 2006) (orientation-based employment determination (pre-hire injury))
- Dodson v. Workers’ Comp. Div., 210 W.Va. 636, 558 S.E.2d 635 (W. Va. 2001) (pre-employment injuries and compensation considerations)
- Theis v. City of Miami, 564 So.2d 117 (Fla. 1990) (control of legal status at time of injury governs liability)
- Specialty Employee Leasing v. Davis, 737 So.2d 1170 (Fla. 1st DCA 1999) (employment status controls workers’ comp liability in leasing contexts)