Handle Employee Disputes Before They Become Costly Problems

An employee dispute is a disagreement or claim between a business and a current or former worker. Most of them fall into a few groups: pay, firing, retaliation, a worker who leaves with clients or data, and whether a worker is an employee at all. Each group has its own rules and deadlines under Florida and federal law.

This guide is for business owners in Miami-Dade and South Florida. It covers the common problems, the decisions you’ll face, and the deadlines written into the law. KEW Legal is a Florida business law firm with offices in Coral Gables and Sunny Isles Beach. Kristina E. Wilson is the attorney responsible for this page.

What counts as an employee dispute?

An employee dispute is any conflict over pay, job status, conduct, or a worker’s legal rights. These are the problems business owners run into most often:

• A worker says they weren’t paid the required wage or overtime.
• A worker says they were fired for an illegal reason, such as discrimination or retaliation.
• A worker objects to a practice in the business and then faces discipline.
• A former worker takes clients, pricing, files, or other confidential information to a competitor.
• A business treats a worker as an independent contractor, and the worker says they are an employee.
• An employee takes money or property from the business.

Each problem needs a different response. The first step is usually to find out which group your situation fits into.

Can you fire an employee in Florida without a reason?

The rule has limits.

The most important limit is discrimination. Florida law makes it unlawful for an employer to discharge or otherwise discriminate against a worker because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. See § 760.10.

Deadlines matter here. A person who believes they were treated unlawfully may file a complaint with the Florida Commission on Human Relations. Section 760.10 defines the unlawful employment practices and sets no filing deadline. See § 760.11. Discrimination charges under federal law, including 42 U.S.C. § 2000e-5, follow their own procedures, so an employer that receives one should review it with counsel promptly.

Owners who write down performance issues as they happen have clearer records later. A termination with a documented, consistent reason is easier to explain than one based on memory.

What if a worker complained about illegal practices?

Florida law bars an employer from retaliating against a worker who objects to, or refuses to take part in, a practice that breaks a law, rule, or regulation. See § 448.102.

For one type of claim, the rules are stricter. If the worker is claiming retaliation for disclosing a practice to a government agency, the worker must first have raised it in writing with a supervisor or the employer. The employer must also have had a reasonable chance to fix it. The same section also protects workers who provide information or testify in an investigation.

Timing rules apply. See § 448.103. Under § 448.102(1), the disclosure protection does not apply unless the worker has, in writing, brought the practice to the attention of a supervisor or the employer and has afforded the employer a reasonable opportunity to correct the practice.

See § 448.104.

How does an unpaid wage claim work in Florida?

Florida’s minimum wage is $15.00 per hour from September 30, 2026 through December 31, 2027 (Fla. Const. art. X, s. 24). After that, the rate is adjusted for inflation each year, and each adjusted rate takes effect on January 1. See Fla. Const. art. X, § 24.

A worker who wins a minimum wage claim is entitled to the full unpaid back wages. The worker also gets the same amount again as liquidated damages (extra damages equal to the unpaid wages), unless the employer proves a good-faith act with reasonable grounds for believing it was lawful; in that case the court may, in its sound discretion, award no liquidated damages or an amount not exceeding the unpaid minimum wages. The worker may also recover reasonable attorney’s fees and costs. See Fla. Const. art. X, § 24.

Before suing for unpaid minimum wages, the worker must send written notice. The notice must identify the minimum wage claimed, the work dates and hours, and the total unpaid amount through the date of the notice. See § 448.110.

The employer then has 15 calendar days after receiving the notice to pay the unpaid wages or otherwise resolve the claim. The limitations period is paused during those 15 days. See § 448.110.

Here is what the 15-day window means for you. Read the notice closely, check the dates and hours against your payroll records, and act inside that window. A written notice you ignore doesn’t go away.

Other rules matter too. A willful violation can also carry a state fine of $1,000 for each violation, which the Attorney General may seek to impose in a civil action. See Fla. Const. art. X, § 24. Florida law also bars retaliation against a worker for exercising minimum wage rights, including filing a complaint. See § 448.110. Florida’s Minimum Wage Act, Fla. Stat. § 448.110, provides that aggrieved persons who prevail in an action brought under that section recover the full amount of unpaid back wages unlawfully withheld plus the same amount as liquidated damages, which the court may reduce or deny if the employer proves good faith and reasonable grounds, and are also awarded reasonable attorney’s fees and costs. See § 448.08. See § 448.08.

Can a former employee take your clients or data?

A former employee may be bound by a written restrictive covenant, such as a non-compete or non-solicitation agreement, or may be liable for misusing trade secrets. Whether either applies depends on the written agreement and the facts.

Florida’s restrictive covenant statute sets the basic rules. A court will not enforce a restrictive covenant unless it is in a writing signed by the person against whom enforcement is sought. See § 542.335. A handbook note the worker never signed may not meet that writing requirement.

The business seeking enforcement must show a legitimate business interest. The statute lists examples, including trade secrets, valuable confidential information, and substantial relationships with customers. It also requires the business to show the restraint is reasonably necessary to protect that interest. See § 542.335.

If a restraint is overbroad or overlong, a court must modify it and grant only the relief reasonably necessary. The court must also read the covenant to give reasonable protection to the business’s legitimate interests. It may not read the covenant narrowly against the restraint. See § 542.335.

See § 688.007.

Act early. Keep copies of the agreement, the access logs, and the records showing what the worker took or used. Those records shape what you can prove later.

Is this worker an employee or an independent contractor?

Under Florida’s E-Verify statute, an employee is an individual filling a permanent position who performs labor or services under the control or direction of an employer that has the power or right to control and direct the material details of how the work is done, in exchange for salary, wages, or other remuneration. The statute also says an independent contractor, as defined in federal law or regulations, hired to perform a specified portion of work is not an employee. See § 448.095.

Start with the control question. Ask who sets the hours, the methods, and the tools. Ask who directs the daily work. The answers to those questions help show how the law sees the relationship.

Misclassification mistakes are common. An owner may call a worker a contractor to save on payroll, then face a claim that the worker was an employee all along. The label on the paperwork is one piece of the picture, and the way the work actually happens is another.

What about E-Verify and new-hire paperwork?

Private employers with 25 or more employees must use the E-Verify system to verify each new employee’s eligibility. This rule has applied since July 1, 2023. The employer must verify within 3 business days after the new employee starts working for pay. See § 448.095.

If E-Verify is unavailable for 3 business days after the new employee starts working for pay, and the employer cannot access the system, the employer must use Form I-9 instead. The employer must keep the documents it received, and any verification it generated, for at least 3 years. See § 448.095.

Do salaried staff always fall outside overtime?

No. A salary alone doesn’t make a worker exempt from overtime. The salary level is only one part of the test, and the duties tests also apply. See 29 C.F.R. § 541.600.

Owners often assume a title or a fixed salary settles the question. The duties a worker actually performs matter as much as the paycheck.

What should you do when an employee takes money or property?

Document what you found before you confront the employee or make any decision about firing. Write down what is missing, when you noticed, how you confirmed it, and who had access. Save the records, and don’t alter them.

Get legal guidance before you make a demand or a termination decision. A rushed response can create a second dispute, such as a retaliation or wage claim, on top of the first one.

Common mistakes that make employee disputes harder

These are the patterns that most often complicate a dispute:

• Waiting to write things down. Notes made at the time carry more weight than notes made weeks later.
• Firing in a rush. An unexplained termination invites questions about the real reason.
• Missing a wage notice. The 15-day window under § 448.110 runs from receipt of the notice.
• Relying on an unsigned policy. A non-compete generally needs a signed writing under § 542.335.
• Ignoring a complaint. A worker who complained about a practice may later claim retaliation under § 448.102.
• Assuming a label settles classification. The control question under § 448.095 looks at how the work is actually directed.

How employee issues connect to the rest of your business

Employee problems rarely stay in one file. A departing worker may touch a vendor contract, a partner’s share of a business, or the terms of a sale. A business owner who handles staff issues in isolation can miss those links.

KEW Legal acts as outside general counsel for business owners and investors in Miami-Dade and South Florida. That work covers partnership disputes, business contracts and vendor disputes, business sales and acquisitions, succession planning, commercial leases, and employment matters for employers. Looking at these areas together helps you see how one decision affects the others.

Frequently asked questions

Talk with KEW Legal about your employee dispute

If a former worker has taken your clients, or a wage notice has arrived, you don’t have to sort out the next step alone. KEW Legal is located in Coral Gables and Sunny Isles Beach, Florida, and Kristina E. Wilson is the attorney responsible for this page. The first consultation is free, confidential, and carries no obligation to continue. Call 305-990-2300, request a consultation, or send us a message.