Employment Counsel for Miami-Dade Business Owners

Employment Law for Employers in Miami-Dade County

KEW Legal focuses on employment matters for employers in Miami-Dade and Broward County. This page explains how an employment law attorney for employers can help you review a workplace decision before you act on it. Kristina E. Wilson is the responsible lawyer for this page. The firm has offices in Coral Gables and Sunny Isles Beach.

Employment questions rarely stand alone. KEW Legal serves as outside general counsel for businesses across South Florida. A question about a firing can sit next to a contract, lease, or ownership issue. One firm can look at the whole picture.

Employment Matters the Firm Handles for Employers

Employment work for employers covers five common situations. Each one turns on documents and timing.

• Discipline and performance. We review whether issues are documented and whether warnings match your written policy.
• Terminations. We review the reason, the timing, and the paper trail before the employee hears the news.
• Internal complaints. We advise on how to investigate and respond to harassment, discrimination, or retaliation complaints.
• Handbooks and policies. We review or draft rules on conduct, leave, and workplace behavior.
• Restrictive agreements. We review non-compete and confidentiality terms.

An at-will employee may be discharged at any time, as long as the reason is not one the law prohibits, such as retaliation or unlawful discrimination. Timing is where many employers get hurt. A firing that follows a complaint by days can look like retaliation, even when the business reason is sound.

Florida’s private-sector whistle-blower law protects employees who object to a practice that violates a law, rule, or regulation. Fla. Stat. § 448.102 sets out that protection. Under Fla. Stat. § 448.102(3), an employer may not take retaliatory personnel action against an employee because the employee objected to, or refused to participate in, an activity, policy, or practice of the employer that violates a law, rule, or regulation. Fla. Stat. § 448.102(1), which protects an employee who disclosed, or threatened to disclose, to an appropriate governmental agency, under oath, in writing, an activity, policy, or practice of the employer that violates a law, rule, or regulation, reads: “However, this subsection does not apply unless the employee has, in writing, brought the activity, policy, or practice to the attention of a supervisor or the employer and has afforded the employer a reasonable opportunity to correct the activity, policy, or practice.”

Handbooks carry their own rule. Whether a handbook creates enforceable contract rights can depend on its specific language and on whether the parties intended it to be a separate employment contract. Restrictive covenants have their own rules. Under Fla. Stat. § 542.335, a court will not enforce one unless it is in a writing signed by the person against whom enforcement is sought.

Handling Agency Charges and Demand Letters

A charge or demand letter needs a timely, accurate written response. Start by writing down the date you received each notice. Florida’s civil rights law covers an employer with 15 or more employees for each working day in 20 or more calendar weeks in the current or preceding calendar year.

The stakes can be real. Under Fla. Stat. § 760.11, a court may order back pay and compensatory damages, including damages for mental anguish. Punitive damages to an aggrieved person are capped at $100,000. The same section lets a court award a reasonable attorney fee to the prevailing party. The U.S. Equal Employment Opportunity Commission publishes employer guidance on federal anti-discrimination duties.

Your response usually needs four steps:

• Gather personnel files, pay records, schedules, and emails tied to the decision.
• Identify each person who made or influenced the decision.
• Prepare an accurate written position statement, and review it before it is sent.
• Route all contact about the claim through counsel.

A demand letter from an employee’s lawyer is reviewed for three things: the claims asserted, the deadlines it sets, and the options for responding. Do not contact the employee about the claim. Do not change or delete records.

How the Process Works

The process has four steps, from first review to action. Each step builds on the one before it.

1. Initial review. You share the decision you’re weighing, the facts, and any notices or letters you have received.
2. Document review. We look at personnel files, policies, emails, and any agency charge or demand letter.
3. A plan. We explain your options, the risks of each, and a recommended next step.
4. Action. This may be a documented termination, an internal investigation, a response to a charge, or a reply to a demand letter.

The timeline depends on the matter. Agency and court deadlines often set the pace, so the firm sets expectations after reviewing the facts and documents. Early review usually costs less time than a rushed response later. Waiting until a complaint escalates can limit your choices.

Why Employers Work with KEW Legal

KEW Legal works as outside general counsel, so employment advice fits inside your broader business decisions. The firm also works on partnership, vendor, contract, lease, and succession matters. That means one lawyer team can see how a personnel decision affects the rest of the company.

The firm has offices in Coral Gables and Sunny Isles Beach. It serves clients in Miami-Dade and Broward County. Kristina E. Wilson is the responsible lawyer for this page.

If your matter needs a different lawyer or firm, we will tell you so and explain why. We want you to have the right help for your situation, even when that help is outside our practice.

Common Questions Employers Ask Before Calling a Lawyer

Talk With KEW Legal About Your Employment Decision

If a termination is nearly final, a complaint just came in, or an agency charge or demand letter arrived this week, you don’t have to work through it alone. Call 305-990-2300 or send us a message to schedule a consultation at our Coral Gables or Sunny Isles Beach office.