Employees should be one of your company’s greatest assets. Unfortunately, there are times in which an employee can become your company’s greatest liability or threat. Employee lawsuits such as claims under the Fair Labor Standard Act (“FLSA Lawsuits”) which include claims for unpaid wages, overtime, improper salary/exemption status or retaliatory discharge can be very costly to your company.
To the surprise of many business owners and managers, employment claims, such as those arising under the Fair Labor Standard Act can result in personal liability to the owner or manager of the company. Also unknown to most employers, is the fact that a discharge of an employee can spell trouble, if the employee’s discharge is not properly done or if the discharge is alleged to have occurred as a result of the employee complaining about his or her wages or whistleblowing as to some wrongful act by the employer.
Though FLSA lawsuits, can arise even when employers keep proper timekeeping and employee records, many of the FLSA claims seem to arise when employers do not keep proper timekeeping or employee records, as required by the FLSA. For more information as to how to mitigate your company’s risk of being sued and the importance of employment agreements, employee handbooks and policies, please see Employment Law-Transactional, 6 Tips to Help Your Company Avoid Fair Labor Standards Act (FLSA) Violations; 8 Tips to Help You Mitigate Your Risk of Employee Lawsuits, Do You Need An Employee Handbook?; Why Your Business Needs a Handbook for Employees; 10 Key Elements of a Solid Employee Contract.
Employee liability may also come in the form of the employer’s need to enforce a non-compete agreement against a former employee or third party or when an employee has stolen the company’s confidential information and is improperly using the information for the economic gain of themselves or a third party. In these types of situations, the employer may be required to file a lawsuit against the employee or third party for misappropriation of trade secrets, deceptive and unfair trade practices act or a tortious interference claim.
Employment litigation is a highly fact intense and complex area of law that company’s should seek competent legal counsel regarding their rights and obligations to ensure that their company is properly represented and prepared in the event of a lawsuit.
Employees should be one of the company’s greatest assets. However, employment issues have the potential to be costly and even ruinous for your business, and while it is impossible to completely avoid lawsuits, it is vital that you take steps to mitigate your risk. The Campbell Law Group can help your company develop legal strategies to suit your company’s needs and mitigate your risk of employment lawsuits through drafting comprehensive company policies, employment agreements and employee handbooks.
The Campbell Law Group P.A.
Focuses its practice on corporate and family law matters.
While representing clients whether in civil, corporate or family law matters, our company’s primary goal is first to help clients minimize the need for unnecessary litigation and conflict where possible. If litigation is necessary, our company is more than capable of representing you or your business’ interest and helping you achieve a fair outcome, while guiding you, your family and your company through the difficulties involved in litigation.
Corporate and Family Law Attorney and
Collaborative Family Law Attorney
Hofstra University Maurice A. Deane School of Law – Hempstead, New York Juris Doctorate (2007)
Florida International University – Miami, Florida – Bachelor of Arts in Political Science (1998)
Florida Bar (2009)
United States District Court for the Southern District (2013), Middle (2015) and Northern Districts of Florida (2018)
United States Bankruptcy Court for the Middle and Southern Districts of Florida (2015)
Member of the Collaborative Family Law Institute, Inc. (2017)
Regina is the Managing Partner of The Campbell Law Group based in Coral Gables, Florida. She is recognized for her unique insight, resourceful problem-solving skills and understanding of how legal issues affect people and companies differently.
One of Regina’s biggest passions is litigation. Regina and The Campbell Law Group PA have seen a great deal of success in prosecuting and litigating business fraud and ponzi schemes, tortious interference with a business relationship cases, non-compete cases, shareholder actions, complex divorce and post-divorce actions, especially cases with recalcitrant parties with a talent at hiding assets and/or avoiding support obligations amongst others causes of action.
Regina is fluent in both English and Spanish and has assisted businesses and families from over twenty countries with their business and family legal needs.