Legal Assistance For Workers And Business Owners With Employees

Individual employees, class action groups of employees, and employers of all sizes and varieties make up the client base of Brick Business Law P.A.’s employment law practice. Clients come from throughout the Tampa Bay region as well as from other parts of Florida. With extensive knowledge of both sides of an employment issue, our firm is well-equipped to give each client top-rate service, regardless of which side of a dispute or challenge they find themselves on.

A Flexible Resource For Employees And Employers

Workers sometimes wonder how to protect themselves from potential whistleblower retaliation, or they wish for a lawyer’s review of a noncompete agreement they are being asked to sign. We help employees make wise decisions in their interactions with their employers.

Employers, on the other hand, often look for:

• Advice and assistance to prevent harassment and discrimination claims in the workplace
• Help with benefits management, training, employee handbooks and disciplinary procedures
• Guidelines for administering benefits programs

Brick Business Law P.A. offers these and many other services, partnering with employers to effectively explain and supervise employees.

Dispute Prevention And Resolution

The most cost-effective litigation is no litigation at all. In other words, preventing lawsuits is a valuable investment for employers as well as for employees whose cases may or may not succeed in a court of law. It is usually far better to resolve disputes upfront than it is to bring claims after disagreements have escalated to the litigation stage.

Sometimes, a dispute must go to mediation or a trial to get the right result. At Brick Business Law P.A., clients’ best interests come first. Request a consultation to discuss the employment law problems that you are facing as an employee or employer, such as:

• Disputes over wage and hour claims, with allegations of unpaid wages, overtime, commissions and bonuses
• Allegedly unpaid benefits and/or overtime because of misclassification as an independent contractor instead of an employee
• Accusations of sexual discrimination and harassment and other forms of discrimination, harassment or whistleblower retaliation
• Claims of Equal Pay Act violations and gender discrimination in the workplace
• Noncompete agreements, trade secret violation allegations, and other types of nondisclosure and restrictive covenant violation claims
• Family Medical Leave Act (FMLA) retaliation claims and related employee-employer disagreements over sick or family leave
• Review of employment contracts and severance agreements

Frequent Questions About Employment Litigation

While every employment issue is unique, many share several common factors. The information below can serve as a general guide for common questions..

What should I expect during employment litigation in Florida courts?

Employment litigation in Florida typically proceeds through several key phases:

• Initial evaluation and complaint filing: The process begins with an evaluation of the case’s merits and the filing of a formal complaint in the appropriate court.
• Discovery process: This phase includes depositions, document requests, and interrogatories and involves gathering evidence to build the case.
• Mediation: Often required by Florida courts, mediation is an attempt to settle the dispute out of court through facilitated negotiation.
• Motion practice: Includes summary judgment proceedings where parties can seek to resolve the case without a trial if the facts are undisputed.
• Trial preparation and potential jury trial: If the case is not resolved through motions or mediation, it proceeds to trial where witnesses, evidence and arguments are presented to a jury or judge.

We can guide you through each phase, facilitating compliance with federal and Florida procedural requirements while building the strongest possible case.

How does the discovery process work in employment litigation cases?

The discovery phase is a critical element of employment litigation and typically involves:

• Requests for documentation: Both parties request relevant documents – personnel files, emails, company policies, etc. – to understand the facts and build their cases.
• Interrogatories: These are written questions that one party sends to the other to gather specific information.
• Key witness depositions: This includes taking sworn testimony from key individuals, such as supervisors and HR personnel, to discover what they know about the case.
• E-discovery: This involves the collection and review of electronic communications and records.
• Expert witness discovery: When necessary, experts are identified, and their testimonies are prepared to support the case.

We work with our clients to develop a discovery plan to help accomplish our client’s goals in employment litigation.  We strive to manage this complex process efficiently -working to obtain crucial evidence while protecting confidential information.

What are the most common motions filed in Florida employment litigation?

Common motions in employment litigation include:

• Motions for Injunctive Relief: These motions are often heard early in the case and seek to protect a business from a former employee competing unfairly, using trade secrets or other ongoing behaviors that may harm the former employer
• Motions to dismiss: These are filed if the plaintiff fails to exhaust administrative remedies or if the complaint lacks legal sufficiency.
• Summary judgment motions: Particularly common in discrimination cases, these seek to resolve the case without a trial based on undisputed facts.
• Motions to compel discovery: Filed when one party believes the other is not providing necessary information.
• Motions in Limine: Used to exclude certain evidence or testimony from being presented at trial.
• Motions for protective orders: These aim to safeguard confidential information during the litigation process.

Our litigation strategy anticipates and addresses these crucial procedural hurdles.

How do you handle concurrent administrative proceedings during litigation?

We help to coordinate multiple proceedings by:

• Managing dual-track EEOC/FCHR and court proceedings helps ensure that administrative and judicial processes are handled effectively
• Ensuring consistent positions across all forums and maintaining a unified strategy to avoid conflicting statements
• Strategic timing of administrative and court filings that align deadlines and filings to benefit the case
• Preserving appeal rights, helping to safeguard the right to appeal is maintained in both administrative and judicial forums
• Leveraging favorable findings from administrative proceedings to strengthen the litigation case

Our experience allows us to navigate these complex procedural requirements efficiently.

What role does expert testimony play in employment litigation?

Expert witnesses can play a significant role and are often crucial in:

• Calculating economic damages and lost wages to provide a precise financial analysis
• Analyzing statistical evidence in discrimination cases to gather insights into patterns of behavior and practices
• Providing industry standard testimony that helps establish benchmarks and norms relevant to the case
• Evaluating emotional distress and psychological damage and assessing noneconomic impacts on the plaintiff
• Addressing complex regulatory compliance issues to clarify technical aspects of employment laws and regulations

Our attorneys work with qualified professionals to strengthen your case and counter opposing expert testimony.

How do you approach settlement negotiations and mediation in employment litigation?

Our team’s litigation settlement strategy includes:

• Thorough case valuation based on Florida precedent to understand the potential value of the case as well as the strength of defenses
• Strategically timing settlement discussions to maximize leverage during negotiations
• Preparing comprehensive mediation statements and presenting well-organized arguments and evidence
• Structuring settlements  to address practical considerations
• Ensuring compliance with confidentiality requirements and protecting sensitive information
• Drafting enforceable settlement agreements that are clear and legally binding

We negotiate strategically while maintaining trial readiness to maximize your position.

Serving Workers And Businesses Throughout Florida

To request a consultation regarding a noncompete agreement dispute, or any employment or business-related dispute in the Tampa Bay area or beyond, call us at 855-541-7880 or send us an email for a prompt response.