Ongoing Legal Counsel for South Florida Business Owners

Outside General Counsel for Businesses Aventura: Employment Law for Employers

KEW Legal, a Florida business law firm, provides outside general counsel for businesses in Miami-Dade, with a focus on employment matters for employers. The firm advises on employee handbooks, disciplinary steps, terminations, pay practices and employee claims made against a business. This page is for Aventura business owners and human resources leaders who need an employment law attorney for employers. It explains what that advice covers, the rules that shape it, and what a first consultation involves.

Outside general counsel for businesses: employer-side employment advice

KEW Legal advises employers on labor issues that come up alongside other business matters. The firm’s offices are in Sunny Isles Beach and Coral Gables. It serves business owners across Miami-Dade and South Florida, including Aventura. Kristina E. Wilson is the attorney responsible for this page. The practice has support staff who help with office tasks. This page covers employer-side matters.

Employment matters KEW Legal handles for employers

Employers face most of their legal risk in everyday decisions. Those decisions range from written policies to the day a working relationship ends. KEW Legal advises on:

• Drafting and reviewing employee handbooks, offer letters and workplace policies.
• Disciplinary steps, performance documentation and terminations, including timing and separation documents.
• Employee demand letters and agency charges, and the employer’s written response.
• Whether a worker is an employee or an independent contractor, and the pay issues that follow.
• Employment issues that come up during the sale, purchase or succession of a business.

A common mistake is treating a termination as a one-time event. The record behind it, including dates, reviews and prior warnings, often shapes how the decision is judged later.

Florida and federal rules that shape employer decisions

Florida and federal law both limit employer decisions, and their rules can overlap. Contracts and anti-discrimination laws can restrict those choices. It helps to check those limits before acting.

Wage, hour, retaliation and recordkeeping rules can come from both state and federal law. Which rules apply to a business depends on its facts. KEW Legal reviews those facts with the business owner.

Restrictive covenants are a related area. Under Fla. Stat. § 542.335, a court shall not enforce a restrictive covenant unless it is in a writing signed by the person against whom enforcement is sought. The person seeking enforcement must also plead and prove a legitimate business interest.

Business sales can also carry tax issues. Under Fla. Stat. § 213.758, a transferee of more than 50 percent of a business, its assets or its stock of goods is liable for unpaid tax the transferor owes from operating that business, up to the greater of the fair market value of what was transferred or the total purchase price paid. Under Fla. Stat. § 213.758(4)(a), a transferee, or a group of transferees acting in concert, of more than 50 percent of a business, its assets, or its stock of goods is liable for any unpaid tax the transferor owes from operating that business, unless the transferor provides a receipt or certificate of compliance from the department to the transferee showing that the transferor has not received a notice of audit and has filed all required tax returns and paid all tax arising from the operation of the business, and there were no insiders in common between the transferor and the transferee at the time of the transfer; alternatively, the department may find after an audit that the transferor is not liable for taxes, interest, or penalties.

The law changes over time. The current rules for your situation should be confirmed during a consultation.

Employers in Aventura and across Miami-Dade

Employers in Aventura work under the same state and federal framework as employers elsewhere in Florida.

This page is written for owners in sectors such as retail, hospitality, medical and professional offices, and real estate-related businesses. In those businesses, schedules, pay practices and staff changes often raise employment questions. A growing company making its first or second hire may need a handbook and a review of how its workers are classified before any dispute arises.

Businesses in Sunny Isles Beach, Doral and Brickell face the same legal framework. Because KEW Legal works as outside general counsel, employment issues can be handled alongside contract, partnership, lease and sale matters. An employee problem can come up during a lease or sale negotiation, and one file can cover both.

What to expect at your first free consultation

KEW Legal offers a free, confidential initial consultation with no obligation to continue. Bringing the right documents helps keep the meeting focused. Useful items include:

• The employee’s file, offer letter and relevant policies.
• Dates of key events, such as complaints, warnings and the decision itself.
• Any written complaint, demand letter or agency charge.
• The handbook section in question.

The consultation identifies the legal issues and options that may apply. No result can be promised, because each employment matter depends on its own facts. No one can know in a first meeting how an agency or court will decide a matter. If you decide to continue, the firm will explain the next steps.

Frequently asked questions

Speak with Kristina E. Wilson about your employment question

If you are weighing a termination, a demand letter from a former employee, or a handbook change before your next hire, the decision is in front of you now. Call 305-990-2300 or send a message through the contact form to speak with Kristina E. Wilson about your facts. KEW Legal has offices in Sunny Isles Beach and Coral Gables. No result can be promised, because each employment matter depends on its own facts. Employers in Aventura with employment law questions can start the conversation by contacting KEW Legal and Kristina E. Wilson.