Employment and Labor
Our attorneys represent local, national, and regional employers in a wide range of labor and employment issues.
Our employment attorneys serve the needs of clients throughout Florida and the Southeast. Not only do we represent clients in federal and state courts, before administrative agencies like the EEOC, the Florida Commission on Human Relations, United States Department of Labor and the National Labor Relations Board, but we also counsel clients on day-to-day issues, helping to resolve problems before they develop into litigation. We provide employee and management training and educational seminars, and help our clients focus on preventive methods that reduce liability and increase morale. Additionally, we serve as chief negotiators in collective bargaining, represent employers accused of Unfair Labor Practices, and consult on union avoidance, enforcement of non-compete agreements, preparation of affirmative action plans, and the drafting of employment contracts.
Rumberger, Kirk & Caldwell employment attorneys are dedicated to addressing all levels of client needs, from advice to claims analysis, investigation, agency response, litigation, mediation and trial.
Our attorneys are experienced in defending claims of employment discrimination based on gender, race, national origin, religion, retaliation, and harassment under Title VII and the Florida Civil Rights Act. Rumberger, Kirk & Caldwell employment attorneys also litigate claims under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), the Age Discrimination in Employment Act (ADEA), the Whistleblower Act, and other federal and state constitutional challenges, as well as claims brought pursuant to state law that can arise out of the employment context, including defamation, battery, intentional infliction of emotional distress, workers’ compensation, retaliation, tortious interference, and negligent supervision, retention, and supervision. We also handle litigation involving non-compete and other employment agreement disputes.
We have enjoyed numerous successes both in and out of court, successfully concluding cases at the administrative level, settlement, summary judgment and trial, as well as obtaining immediate injunctive relief against violations.
Counseling and Training
We work proactively with our clients to help them minimize the risk of costly litigation and prevent problems before they occur. Our attorneys counsel clients on a day-to-day basis by developing and/or reviewing employer workplace policies and performing audits, and help clients navigate through the complexities of compliance with employment laws on both state and federal levels.
Our attorneys also travel throughout the state to provide on-site education and training on key employment issues for all levels of employees, managers and business owners. While we are featured speakers at public seminars and conferences, we are especially adept at helping clients analyze training needs and then customizing the training to meet the client’s specific needs.
Rumberger, Kirk & Caldwell attorneys help employers as they struggle with the HR issues in today's fast changing electronic world. As technology continues to change the way we do business, the potential liability involved with email and electronic documents increases. We review and develop company email policies and provide training to managers and employees to help clients avoid problems before they occur.
- Obtained a defense verdict following a jury trial in federal court on a racial discrimination for a national restaurant chain.
- Obtained summary judgment for a manufacturer of automotive equipment in a case alleging that a plant closure violated the provisions of a collective bargaining agreement, Which was affirmed by the Eleventh Ciurcuit Court of Appeals.
- Obtained a defense verdict for a national bank in a case alleging pregnancy discrimination in federal court.
- Obtained summary judgment for a nationwide propane company in a case alleging race discrimination and retaliation. Summary judgment affirmed by the Eleventh Circuit Court of Appeals.
- Obtained a summary judgment rejecting a sexual harassment claim on behalf of a Florida school board, that was affirmed on appeal.
- Secured a defense verdict which was affirmed by the Eleventh Circuit on appeal in a multi-plaintiff racial discrimination case that was tried for over two weeks in federal court.
- Obtained summary judgment for employer in a Title VII third party retaliation case filed in the United States District Court for the Northern District of Florida. Summary judgment affirmed by the United States Court of Appeals for the Eleventh Circuit.
- Obtain summary judgment for a college in a gender discrimination lawsuit filed by an employee in federal court.
- Obtained summary judgment for a telephone directory publisher on ground of judicial estoppel in a race discrimination case filed in the United States District Court for the Northern District of Alabama.
- Was successful in striking the plaintiff's pleadings based on spoliation of evidence in a sexual harassment/retaliation lawsuit filed in state court.
- Obtained summary judgment for employer in a disability, gender, and age discrimination case filed in the United States District Court for the Northern District of Florida.
- Secured a voluntary dismissal with prejudice for a state agency in a case alleging racial discrimination.
- Obtained summary judgment for employer on ground of failure to exhaust administrative remedies in a race discrimination case.
- A federal judge granted summary judgment in a wage and hour collective action case for a fast food franchisee.
- Obtained dismissal with prejudice of a Florida Whistleblower’s Act case on the grounds that plaintiff/former employee did not engage in statutorily protected activity.
- Obtained dismissal with prejudice of negligent supervision claim on the basis that plaintiff/former employee could not allege an underlying tort recognized by Florida common law.
- Plaintiffs/employee and former employee agreed to dismiss with prejudice complaint under Florida Whistleblower’s Act in lieu of responding to motion to dismiss and for attorneys fees.
- Obtained no cause determination by the Florida Commission on Human Relations, which found that the charging party/former employee failed to show that her employer had discriminated against her on the basis of gender.
- Obtained motion for summary judgment in section 1983 civil rights case alleging our client's Corporate Medical Director was deliberately indifferent to plaintiff/inmate’s serious medical needs.
- Obtained summary judgment in federal court in a reverse race discrimination and retaliation case where Plaintiff was alleging over a million dollars in damages. Allegations were directed at upper level management of the school board.
- Obtained summary judgment for school board First Amendment Retaliation Claim and Florida Whistleblower claim.