The FairLaw Firm devotes a portion of its practice to counseling and representing employers. With extensive trial and litigation experience, the FairLaw Firm has experience in assisting employers in litigation avoidance such as handbooks, policy manuals, and counseling as well as in litigation matters. The FairLaw Firm’s experience in representing hundreds of employees has allowed it to gain unparalleled insight into the “other side” of the equation. The recent events involving COVID-19 bring with them a new and evolving legal landscape.

We are responsive to each client and maintain an ongoing dialogue to ensure that you are aware of the status the matter for which you hired FairLaw Firm. While we always prefer to give “good news”, the FairLaw Firm will not avoid telling you the “bad news”. We will discuss with you the different options, and then allow you to make the decision as to how to proceed based on a thorough discussion that includes our recommendation(s).

In contested matters, employers will ask if they can “win the case”. This is an interesting question, because it requires the client to first determine what it considers to be a “win”. If the client’s goal is to do just that – and obtain a decision by a court or a verdict by the jury in its favor, then the approach to take is often expensive and time consuming. An example of this is a case in which an employee demands $15,000, and the employers spends $25,000 to ultimately recover a judgment in its favor. While the client spent more to defend the case than settled, the employer may be more concerned with sending a message to other employees that their claims will be hard-fought or out of a need to prove that it did nothing wrong for other reasons (such as regulatory or reporting reasons). If, however, the client’s goal is to minimize the out-of-pocket costs – which would include attorneys’ fees, costs, and any amount paid in settlement – then the employer/client may consider that outcome to be a “win”. An example of this would be when the same employee demands $15,000, and the employer settles the matter out of court for $8,000.

The FairLaw Firm’s litigation avoidance practice is also guided by client needs and direction, and allows clients to design the extent to which they would like to govern their employment practices through documents specifically tailored to their needs. Some employers are specifically concerned with maintaining confidentiality over certain aspects of their business practices, others are concerned about preventing former employees from competing with them, and other clients want to place an emphasis on incentivizing loyal employees.

The FairLaw Firm approaches each situation for each client differently, due to the needs, expectations, and budget of each client in each matter. While some clients have endless resources and are not shy about utilizing those resources, other clients have tighter budgets and seek to have more direction in how a claim is defended. Contact FairLaw Firm to see how we can tailor our services to your business’ ever-changing needs in these most unusual times.

Contact FairLaw Firm today for a confididential initial consultation. While we will take your information by phone or email, we often charge a consultation fee for new matters for employers.

Overtime Defense

FairLaw Firm uses its intimate knowledge of the law to defend clients in lawsuits involving the alleged failure to pay the overtime wages required by the Fair Labor Standards Act. We advise clients on how to structure employee pay to comply with the law through exceptions and createive pay practices. Read more

Minimum Wage Defense

We represent companies who are alleged to have not paid employees at least the minimum wage required by the Fair Labor Standards Act and/or the Florida Minimum Wage Act. We also counsel companies on how to bring their pay practices in compliance with the law. 

Severance Agreements

One of the best ways to avoid litigation with an employee who is terminated or who resigns is by having that employee sign a severance agreement. FairLaw Firm drafts and negotiates severance agreements for employers. Read more...

Harassment Defense

Having a claim for sexual harassment brought against your company can have significant consequence. FairLaw Firm understands the different implications this type of claim can have and will work with you in devising the appropriate response.

Discrimination Defense

FairLaw Firm defend clients involved in employment discrimination cases brought by employees in Florida state and federal courts, as well cases that are required to be decided in arbitration.   

Employment Documents

Avoiding a problem through effective documentation is a solid business practice. FairLaw Firm uses this methodology with clients in helping them modify their existing employment documents and to create new ones.

Retaliation Defense

Employees often claim to have been fired in retaliation for some event. The law limits the types of conduct that is considered to be retaliatory and actionable. 

 

Termination Defense

Only a limited number of termination claims are viable, and each of those claims is subject to certain defenses. FairLaw Firm can help to avoid a wrongful termination claim or to represent your company in defending against this type of claim

General Counsel

FairLaw Firm provides general counsel services to companies who don't want to worry about being billed for fractions of an hour or about how much a phone call to their lawyer is going to cost them. We would rather that you feel comfortable with a longstanding relationship. 

We Defend Employers In Different Types of Cases

Overtime Wage Defense - While both Florida federal and state courts can decide claims involving alleged unpaid overtime, our clients usually prefer that a federal court decides the case. The federal law that requires the payment of overtime wages, known as the "Fair Labor Standards Act" or "FLSA", does not apply to ever business. FairLaw Firm has a proven track record of successfully defending clients in overtime wage claims. 


Minimum Wage Defense - The Florida minimum wage is different than the minimum wage required by federal law. Regardless of the source, the law allows employers to enter into different payment arrangements with their employees so long as the employee makes more than the applicable minimum wage. Minimum wage claims can end up being very large cases due to the amount(s) involved and the attorneys' fees that will be claimed. Therefore, we work with our clients to devise a defense strategy that is unique for each client's situation.


Severance Agreements - A severance agreement is a contract between an employer and an employee in which the employer and employee each receive something of value. A severance agreements can be a valuable tool for an employer to resolve a claim with an employee confidentially, or to avoid the potential for a claim in by the employee in the future. Certain claims are cannot be included (or released) through a severance agreement, and some employees cannot be required to sign the severance agreement immediately.     


Sexual Harassment Defense - United States federal law now prohibits employers from requiring that sexual harassment or sexual assault cases be arbitrated. These are cases involving an unwanted advances and/or touching of an employee in a sexual or suggestive manner. Sexual harassment cases are very personal and demand attention to detail as well as delicate balance between mounting a vigorous defense and how that defense will be perceived.  


Discrimination Defense - The law recognizes different types of discrimination claims that include sex, race, gender, sexual orientation, color, national origin, disability, religious, and military status. In addition, the law requires certain employers to provide a specific category of employees up to 12 weeks of medical leave without holding that leave against them.  


Employment Documents - From offer letters, to company handbooks, to specific policies, we either draft or modify these documents for our clients. We have found that by having the right documents in place, employers can avoid or win claims easier. We tailor our fees to the needs of clients, as our goal is to establish a longstanding relationship. 


Retaliation Defense - Nowadays, it is commonplace for fired workers to claim either retaliation or wrongful termination, even when no law was violated. We have successfully represented clients who were sued for allegedly retaliating against their (former) employees through our extensive legal knowledge and experience.


Wrongful Termination Defense - Nowadays, it is commonplace for fired workers to claim that they were terminated for an unlawful reason. We have found that most of the time, the employee was not let go for any unlawful reason. Since Florida allows employers to fire employees for any reason other than a discriminatory or retaliatory reason, employers have significant defenses available to them.   


General Counsel Services - We have clients who pay us a set fee, and in exchange, they do not have to worry about being billed by the hour. As a result of this arrangement, we find that because our clients talk to us more often and more frequently, we can either diffuse or avoid problematic situations. The remaining situations are easier (and usually less expensive) to deal with because of our advice.   

Contact Us Today For A Consultation 305-230-4884