Tampa Business Litigation Lawyer Blog

In the case of Colon v. Accountable Climate Solutions, Inc., Brick Business Law prevailed in its Motion for Final Summary Judgment in full defense of the Plaintiff’s case and was awarded its attorney’s fees and costs.  The case was brought by a former employee of Brick’s client who claimed he was forced to work overtime and was due unpaid wages and overtime wages.  Brick was able to obtain admissions and secure other documentary and testimonial evidence which left no genuine issue of material fact to be litigated as to the employee’s claims and the Motion for Final Summary Judgment was brought on behalf of the employer in May of 2019.

Pursuant to Florida Statute 448.08, the prevailing party in any action for unpaid wages may be awarded their reasonable attorney’s fees from the non-prevailing party.  Although it is not required, the Court found that Brick had properly noticed, plead and supported entitlement to all fees and costs and, in addition to rejecting all of the employee’s claims, entered a final judgment against the employee for all of the fees and costs incurred by the defendant in defense of the suit.

Critical to the defense of the case was the employer’s record-keeping system, its document-management system and implemented practices, which required the employer and employee to sign-off on and document hours, jobs and earnings.  Certain employers are subject to record-keeping requirements with regard to employee records.  Additionally, EEOC, FDA and FLSA each have their own requirements for how long employment records must be retained.  However, even where records are not required, clearly set-out processes of signing in and out, approving hours, requiring employees to sign-off, setting up policies and procedures which are consistently enforced, having a clearly-defined compensation plan and maintaining employment records are all best practices which can make the difference in the defense of an informal claim or a lawsuit by a former employee brought for a number of different reasons.

In the case of Mandarelli, et al v. Power Line Industries, Inc., filed in the Circuit Court of Hillsborough County, Brick Business Law filed and won a motion for contempt and sanctions resulting in a rare final judgment sanction in the case.

The Plaintiffs sued Brick’s client under a number of theories of liability such as breach of contract and fraud alleging that Power Line Industries sold a defective product to the Plaintiff and defrauded him.  Brick counter-sued on behalf of its client for defamation due to videos that the Plaintiff posted on YouTube claiming that the product was defective and the Defendant was deceiving the public.

The Firm aggressively executed its litigation strategy, including motion practice and discovery, over the course of a year of litigation.  The Plaintiffs were continually dilatory and obtuse in their responses.  Due to the Plaintiff’s tactics, Brick filed a Fla. R. Civ. P. 1.380(b) motion for contempt and sanctions, arguing at the hearing that the Court should find that the Plaintiffs’ tactics constituted the “rare circumstance” which justified the ultimate sanction of the striking of the Plaintiff’s claims and dismissal of the lawsuit, plus contempt of court and an award of Brick’s attorney’s fees and costs.  The Court heard Brick’s Motion on June 4 and ultimately issued its Order on September 4 granting all relief requested in the Motion.