Work is where most of us spend most of our lives, which is why being mistreated there does damage far beyond a paycheck. I represent employees — executives, professionals, hourly workers, and everyone between — who were discriminated against, harassed, retaliated against, or fired for the wrong reasons, and employees who were not paid what the law requires.
Before I represented employees, I represented employers at a major international firm. I know how HR departments document a termination, how in-house counsel evaluates risk, and what makes a company decide that a case is cheaper to resolve than to fight. That knowledge is now yours.
What I take
- Discrimination based on race, sex, pregnancy, age, disability, religion, national origin, or other protected status
- Sexual harassment and hostile work environment
- Retaliation for complaining about discrimination or harassment
- Whistleblower claims: retaliation for reporting or refusing to take part in fraud, safety violations, or other unlawful conduct
- Wrongful termination and constructive discharge
- Unpaid wages, overtime, and misclassification
- Family and medical leave violations
- Executive and professional separations: negotiating severance, non-compete, and equity issues from a position of strength
- Defamation, and interference with your job or business relationships
Florida is an at-will state, which means your employer can legally fire you for a good reason, a bad reason, or no reason at all, but not for an illegal one. Most of my work is proving which one it was.
How I evaluate an employment case
Three things matter most: the protected activity or characteristic, the timing and the evidence connecting it to what happened, and the damages. Employers almost never write down the real reason. They do, however, leave a trail — sudden performance issues after a complaint, a “reorganization” that eliminated one position, comparators treated differently, texts and emails that say what the file doesn’t. A precise timeline is usually what exposes a false explanation, so I build it before adopting a theory, not after. Bring me everything you lawfully have, and don’t delete anything.
One distinction I will always draw for you honestly: the law does not require your manager to be fair, consistent, or good at the job. It prohibits specific things. Part of my job is telling you which of the things that happened to you are evidence, which are damages, and which are just a bad boss, because a case has to be built on that difference, not on grievance.
HR is not a court, and it is not your lawyer
HR can solve real problems, and an internal complaint is sometimes legally important. But HR works for the company. It investigates, documents, and protects the organization, all at the same time and usually in that order. Before you make or expand a serious complaint, know what the policy says, lead with your clearest facts, skip the speculation, and say what outcome you’re asking for. Better yet, talk to me first. The wording of a complaint is often quoted back, for or against you, for the rest of the case.
Still employed? What you do next matters most
An employee who is still working has more options — and more ways to damage the case — than one who has been fired. The next email you send, the PIP you sign, the leave you request, the files you download, the resignation you fire off at midnight: each can change the legal picture. Sometimes the right move is a clear internal report. Sometimes it’s to keep performing, document lawfully, and wait. Sometimes the cost of staying is too high, and the exit should be negotiated rather than endured. There’s no universal script, which is exactly why calling before you act is one of the few advantages an employee can create.
How these cases work
Deadlines come fast. Most discrimination and retaliation claims must first be filed as a charge with the U.S. Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations before a lawsuit is allowed. In Florida, an EEOC charge generally must be filed within 300 days of the discriminatory act, and a charge with the Florida Commission within 365 days. Some whistleblower claims have much shorter deadlines, and federal employees have only 45 days to contact an agency EEO counselor. Federal wage claims generally must be filed in court within two years, or three if the violation was willful, and other statutes have their own clocks. A delay of a few months can cost you the case.
The administrative charge. I prepare and file the charge, respond to the employer’s position statement, and use the process to build the record rather than treating it as paperwork.
Suit and discovery. When the agency process ends, the claim moves to court. For a federal claim, that usually means a right-to-sue notice from the EEOC, and the lawsuit generally must be filed within 90 days of receiving it. Many employment cases are filed in federal court. Depositions, document production, and motion practice follow. Employers often move for summary judgment, so I build the case to survive it.
Resolution. If a case doesn’t settle, I try it — to a jury, or to an arbitrator where an agreement requires arbitration.
What the other side will do
Expect the employer to say your performance was the problem, that the decision-maker didn’t know about your complaint, that others were treated the same, and that you failed to use the internal complaint process. Expect them to scrutinize your own conduct and your efforts to find new work. Expect an early offer that values your case as a nuisance. I’ve written those position statements. I know what they leave out.
What you may recover
Lost pay comes first: back pay for what you’ve already lost, and either reinstatement or front pay for what you will lose going forward. Many claims allow compensatory damages for emotional distress. Punitive damages are available under some statutes and not others; under Title VII and the ADA, for example, they require proof that the employer acted with malice or reckless indifference to your rights, and they are not available against a government employer. Depending on the claim and the size of the employer, some of these damages are capped by statute. Wage claims and some others add liquidated damages, which can double the unpaid amount. Attorney’s fees matter too, because many employment statutes let an employee who prevails recover them from the employer. Please note that prior results do not guarantee a similar outcome. Each case depends on its own facts and circumstances.
Employment FAQs
I haven’t been fired yet, but I think it’s coming. Should I call now?
Yes. What you do in the weeks before a termination — how you document, what you sign, what you say — shapes the case more than anything after. Getting advice first keeps more of those choices open.
Should I sign the severance agreement?
Not before someone has read it. A severance agreement trades money for a release of your claims, plus obligations that continue after the check clears — confidentiality, non-disparagement, restrictive covenants, cooperation. The amount offered is a starting point, not a verdict, and some releases have timing and revocation rules that create leverage. Don’t wait until the last afternoon of the deadline. I negotiate separations for executives and professionals.
Should I sign a performance improvement plan?
Signing a PIP usually acknowledges receipt, not agreement — but read what’s above the signature line. Consider a short, factual written response if the PIP misstates things, keep a copy lawfully, and call me if the stakes are serious. A PIP is often the employer’s file being built; your response is yours.
Can I take documents from work to prove my case?
Only what you’re lawfully entitled to have. Do not take privileged communications, trade secrets, customer data, or other employees’ personnel files, and do not do a mass download on your way out — that can turn your case into theirs. Tell me what exists and where; there are lawful ways to preserve and obtain it.
Can I record conversations at work?
Florida requires all parties to consent to recording a private conversation, a phone call, or a video call, and secretly recording one can expose you to criminal and civil liability and undermine your case. Take contemporaneous notes instead, and ask me before you record anything.
What does it cost?
It depends on the case. I offer flexible fee arrangements tailored to each case, including a contingency fee, a flat fee, an hourly rate, a hybrid of a reduced hourly rate plus a percentage of the recovery, or another alternative fee arrangement. Discrimination, retaliation, and wage claims are often handled on a contingency or hybrid basis; separation negotiations and advice are typically hourly or flat fee. I’ll tell you which arrangement I recommend for your situation and why.
On a contingency fee, there’s no attorney’s fee unless there’s a recovery. You will not owe me for case costs I advance if there is no recovery. On an hourly or hybrid arrangement, the hourly fees are owed whether or not there is a recovery, and you may be responsible for case costs I advance even without a recovery.
One more thing worth knowing before you start: a party who loses a lawsuit can generally be ordered to pay the other side’s court costs. Under the main federal and Florida discrimination statutes, an employer that wins can recover its attorney’s fees from the employee only if the claim was frivolous, unreasonable, or without foundation. Other claims work differently: under Florida’s private whistleblower law, for example, the winner can recover fees either way, and a contract can create fee exposure of its own. I’ll explain how those risks apply to your case when I evaluate it.
Will I be blackballed for suing?
Retaliating against you for asserting your rights is itself illegal, including by a former employer. Whether a future employer learns of a claim depends largely on how it is pursued and resolved: a lawsuit is a public record, and a claim resolved before suit usually is not, though claims against a public employer can be. I’ll talk with you candidly about the risks in your industry.
I signed an arbitration agreement. Is that the end?
No. Arbitration changes the forum, not your rights, and I have obtained substantial arbitration awards for clients. Some agreements are also unenforceable. Send the agreement to me. Please note that prior results do not guarantee a similar outcome. Each case depends on its own facts and circumstances.
If I’m not the right lawyer
Some matters — a straightforward unpaid-wage claim or a union grievance — belong with a different lawyer, and I’ll say so and refer you. I handle employment claims throughout Florida and, in federal court, nationally, with local counsel where required.
Call (305) 926-9452 or send a message. Call before you sign a severance agreement or release.
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