Employment Law

employment law

Fort Myers, Florida Employment Law Attorneys

At McIntyre & Bermudez, PLLC, our legal team is dedicated to upholding the rights of employees in Fort Myers and across Southwest Florida. With a profound commitment to justice and a deep understanding of Florida employment law, our attorneys provide unwavering support to those navigating the complexities of workplace disputes. 

We stand firm in our mission to deliver competent, compassionate, and results-driven legal services. So, whether you’re facing discrimination, wrongful termination, or wage and hour discrepancies, our seasoned team has what it takes to ensure your rights are fiercely protected in the workplace. Feel free to give us a call at (239) 935-8426 or complete our online contact form to schedule your initial consultation today.

What is Employment Law?

Employment law is a broad legal sector that encompasses a range of issues pertaining to the workplace. It sets the framework for how businesses should treat their employees and outlines the legal rights that protect workers. This area of law covers a variety of workplace concerns, including workplace harassment, wage disputes, hostile work environment claims, whistleblower claims, breach of contract claims, and much more.

There are a number of cases that may fall under the umbrella of employment law, but in summary, this type of practice serves as the cornerstone for maintaining a balanced, fair, and just workplace where the rights and interests of employees and employers are protected and upheld.

Areas of Employment Law We Handle

At McIntyre & Bermudez, PLLC, our skilled legal team advocates on behalf of employees to navigate the many intricacies of employment law. Whether ensuring that companies comply with federal and state regulations or representing individuals in disputes, we are prepared to take on a vast range of employment-related cases.


Under both the Florida Civil Rights Act (FCRA) and federal laws, protected classes are groups of individuals shielded from discrimination in employment and other areas. The FCRA parallels federal statutes such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), but it also has provisions specific to Florida.

Under state and federal law, it is illegal for an employer to discriminate against an employee on the basis of race, national origin, religion, age, pregnancy, childbirth, disability, or sex. It’s also illegal to retaliate against an employee because they complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. In some cases, employers must reasonably accommodate applicants’ and employees’ sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer’s business.

Severance, Noncompete, and Other Employment Contract Review and Drafting

At McIntyre & Bermudez, PLLC, we recognize that well-drafted employment contracts are the cornerstone of a strong professional relationship. However, employment agreements can often be complex, confusing, overly restrictive, or inadequate. That’s why our employment lawyers assist clients with the meticulous review and drafting of employment agreements, ensuring that the terms protect our client’s interests and comply with all applicable laws.

We provide comprehensive counsel on severance contracts, aiding both employers and employees in negotiating terms that facilitate a fair conclusion to employment. We are also equipped to help clients navigate the intricacies of non-compete agreements, where we strive to balance the company’s need to safeguard its interests with the employee’s right to future employment opportunities. Additionally, our attorneys can also help draft various other employment contracts, all tailored to meet the unique needs and objectives of our clients.

Overtime Violations

In Florida, the matter of overtime pay is a critical issue governed by both state and federal employment standards. Employees are often entitled to receive overtime pay at a rate of one and a half times their regular hourly wage for any hours worked beyond the standard 40-hour workweek. However, violations of these overtime regulations are not uncommon, with some employers failing to compensate their workforce appropriately, which can be a breach of the Fair Labor Standards Act (FLSA) and Florida law.

Our firm takes a stand against such violations, advocating for employees who have been denied the overtime pay they’ve rightfully earned. We also ensure that workers are receiving at least the minimum wage as mandated by state and federal guidelines, providing vigorous representation to those who have been shortchanged. It’s imperative that employees understand their rights and seek legal recourse when those rights are infringed upon, especially concerning overtime pay and minimum wage laws.

Family Medical Leave Act

The Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with up to 12 work weeks of leave within a 12-month period. Once an employee provides adequate medical certification, the employer must provide the employee with FMLA leave and allow the employee to return to his or her regular position, or its equivalent, upon obtaining medical clearance from a healthcare provider.

Like other laws protecting against discrimination, the FMLA also prohibits retaliation. Accordingly, an employer cannot retaliate against an employee for requesting FMLA leave. Upon returning from leave, attempting to take leave, or lodging a complaint pertaining to leave, workers are protected from retaliation as well.

Sexual Harassment or Assault

Sexual harassment in the workplace is a form of unlawful discrimination on the basis of gender and is prohibited under both federal and Florida laws. Sexual harassment occurs when an employee is targeted with unwelcome sexual advances, requests for sexual favors, and other types of verbal or physical conduct of a sexual nature.

At McIntyre & Bermudez, PLLC, we provide compassionate yet formidable legal representation to individuals who have faced the traumatic experience of sexual harassment or assault in the workplace. Understanding the sensitivity and complexity of these matters, our legal team approaches each case with the utmost confidentiality and dedication to justice. We stand against any form of sexual misconduct in professional environments and work tirelessly to hold accountable those who perpetrate such acts or the companies that fail to maintain safe workplaces.

Whether navigating settlement negotiations, advocating in court, or assisting in the implementation of preventative workplace policies, our aim is to ensure that such violations are addressed with the seriousness they deserve and that our clients receive the support and reparation they need to move forward.

Florida Whistleblower Act

The Florida Whistleblower Act protects employees from being terminated or retaliated against by their employers because they objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation. The law also protects employees who report their employer’s unlawful conduct or cooperate with an investigation into their employer’s alleged unlawful conduct.

At our law firm, our Fort Myers employment law attorneys staunchly defend those who have the courage to speak out against unlawful practices. We understand the risks whistleblowers take and the importance of their protection under both state and federal laws. With a strong commitment to justice, McIntyre & Bermudez, PLLC works diligently to provide the support and advocacy necessary to safeguard the rights and careers of whistleblowers, upholding the principle that no individual should suffer adverse employment consequences for lawfully reporting misconduct.

Qui Tam Suits

Both state and federal law authorize private individuals to bring “qui tam” suits in the name of the state or federal government against persons or entities who have defrauded the government in contracting or other matters. As an incentive to bring these suits, the Florida and Federal False Claims Act statutes allow successful plaintiffs, sometimes called whistleblowers or relators, to share in the damages recovered.

Our attorneys at McIntyre & Bermudez, PLLC possess a thorough understanding of the qui tam provisions under the False Claims Act, which empower private citizens to take a stand against fraud on the government. By offering dedicated legal representation, we ensure that our clients navigate the qui tam process with the confidence that comes from having experienced attorneys at their side, dedicated to fighting against misuse of public funds and holding accountable those who attempt to defraud government programs.

Americans With Disabilities Act

Under the Americans with Disabilities Act (ADA), employers cannot discriminate against a qualified employee with a disability. The law also makes it illegal to retaliate against an employee because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Additionally, the law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer’s business.

At McIntyre & Bermudez, PLLC, we provide comprehensive legal support to those who have encountered discrimination due to a disability in the workplace. We understand the challenges faced by individuals with disabilities and work tirelessly to promote an inclusive society where equality and accessibility are not just ideals, but realities upheld by the law and practice.

Pregnancy Discrimination Act

At McIntyre & Bermudez, PLLC, we are a staunch advocate for expectant mothers in the workplace, providing dedicated legal support under the Pregnancy Discrimination Act (PDA). Under this law, employers cannot discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Employers also cannot retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Our firm stands against the injustices of pregnancy-based discrimination, ensuring that pregnant employees receive the fair treatment and accommodations they are entitled to by law. We are committed to protecting our clients from any form of workplace bias and promoting a fair and supportive environment for women at all stages of their pregnancy.

Why Choose McIntyre & Bermudez, PLLC as Your Fort Myers Employment Lawyers

When it comes to navigating the complexities of employment law in the Fort Myers, FL area, clients need a lawyer with extensive experience and a proven track record in handling these types of cases. McIntyre and Bermudez, PLLC stands out as the firm to choose, thanks to our deep-rooted understanding of both federal and state employment statutes. Our seasoned attorneys bring years of dedicated service in the court, fiercely advocating for the rights and interests of our clients.

Choosing an attorney at McIntyre and Bermudez, PLLC means entrusting your case to someone that is intimately familiar with the legal landscape of the Fort Myers region. Whether you’re facing discrimination, dealing with wage disputes, or challenging wrongful termination, our goal is to deliver justice and protect your rights and interests at every turn.

Schedule a Consultation With a Fort Myers, FL Employment Lawyer at McIntyre & Bermudez, PLLC Today

If you believe your rights as an employee have been violated, do not hesitate to contact a Fort Myers employment lawyer at McIntyre and Bermudez, PLLC. As a law firm deeply committed to delivering justice and protecting the rights of our clients, we invite you to reach out for an initial consultation where we can discuss the merits of your case and chart a course of action. Our team is ready to listen, understand, and fight for the fair treatment you deserve. Let us be your advocates in the legal arena—because when it comes to protecting your livelihood, there is no substitute for seasoned legal expertise.

Give us a call at (239) 935-8426 or reach out online to get started today.