Law Office of David Miklas, P.A.

Labor & Employment law - Employers only
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Please be advised that the Law Offices of David Miklas, P.A. does not enter into an attorney-client relationship until he speaks to the client, checks for potential conflicts of interest, and issues an engagement letter.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before deciding, ask the lawyer to send you free written information about the lawyer's qualifications and experience.

Mr. Miklas provides regular training to management and lower-level employees on such topics as discrimination, harassment, retaliation, FMLA, ADA, ADEA, FLSA, and Unemployment Compensation.

In addition to defending labor & employment lawsuits, Mr. Miklas concentrates on providing Florida employers with ongoing preventative advice and management training.  We also conduct internal and third party investigations, such as for sexual harassment, race discrimination, and any other type of discrimination claim.  We do not represent employees.

Mr. Miklas assists Florida employers respond to EEOC and FCHR charges of discrimination, DOL and OSHA investigations. Check out our firm bio and attorney bio.

Business owners who are about to fire an employee often want legal advice from an experienced labor and employment law firm in Florida before they terminate the worker.  Although terminations are the most frequent causes for an employee to seek out a lawyer to sue a business or to file a charge of discrimination with the EEOC, any adverse employment action can result in expensive EEOC investigations or lawsuits.  Examples of adverse employment actions that can cause a worker in Florida to sue a business are:

  • denial of promotion,
  • refusal to hire,
  • denial of job benefits,
  • demotion,
  • suspension, and
  • discharge.

Although there is some disagreement in the courts, the EEOC takes the position that other types of adverse actions may include work-related threats (such as threats to fire), warnings, reprimands, transfers, negative or lowered evaluations, transfers to less prestigious or desirable work or work locations, and any other type of adverse treatment that in the circumstances might well dissuade a reasonable person from engaging in protected activity.


An employer in Florida should realize that it can be sued or investigated by the EEOC even if it takes a materially adverse action that has no tangible effect on employment, and even if it takes an action that takes place exclusively outside of work, as long as it might well dissuade a reasonable person from engaging in protected activity.  Some examples of this type of action would be:

  • disparaging the person to others or in the media;
  • making false reports to government authorities;
  • filing a lawsuit against the employee;
  • threatening reassignment;
  • scrutinizing work or attendance more closely than that of other employees, without justification;
  • removal of supervisory responsibilities;
  • abusive verbal or physical behavior that is reasonably likely to deter protected activity, even if it is not sufficiently "severe or pervasive" to create a hostile work environment;
  • requiring re-verification of work status, making threats of deportation, or initiating other action with immigration authorities because of protected activity;
  • terminating a union grievance process or other action to block access to otherwise available remedial mechanisms; and
  • taking (or threatening to take) a materially adverse action against a close family member (who could bring a claim as an aggrieved individual in addition to the person who engaged in protected activity).


If you are looking for an Employment discrimination law firm in Florida that has experience with all types of labor and employment law, please consider us.  We have experience with a vast array of discrimination, including pregnancy discrimination and disability discrimination and retaliation.  If we are involved early enough, we can reduce the likelihood of your business being sued.  If you contact us after you have received a demand letter from a lawyer threatening to sue, we can guide you through the process and assist you in every step of the way. 


Of course, we also have Florida experience in lawyers who threaten lawsuits based on the Fair Labor Standards Act (FLSA) and Florida's Minimum Wage Act, claiming violations of overtime laws and minimum wage laws, including those brought against restaurants involving tip pools.

Or email us.  We are here to help.

David Miklas is a proud member of the Association of Workplace Investigators, Inc. (AWI), which is the premiere national professional association for those who conduct workplace investigations.

25+ years experience representing Florida employers

1-772-465-5111

1-772-465-5111

Vero Beach by appointment

St. Lucie County: Main office Fort Pierce, but Vero Beach and Stuart, FL locations by appointment only.

Representing public & private employers

Or byemail

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In addition to defending labor & employment lawsuits, Mr. Miklas concentrates on providing Florida employers with ongoing preventative advice and management training. We do not represent employees.


Mr. Miklas assists Florida employers respond to EEOC and FCHR charges of discrimination, DOL and OSHA investigations. Check out our firm bio and attorney bio.


Mr. Miklas provides regular training to management and lower-level employees on such topics as discrimination, harassment, retaliation, FMLA, ADA, ADEA, FLSA, and Unemployment Compensation.

The legal system can intimidate and overwhelm anyone – we're here to help find the answers and create the solutions you need. Don't let yourself get buried in details. Contact us instead.

The Law Office of David Miklas, P.A. in Vero Beach and Fort Pierce has experience in providing training in Florida on such topics as workplace discrimination, harassment, retaliation, EEOC investigations, etc. to management or lower-level employees.

Did you just receive a charge of discrimination from the EEOC?  We can respond on your behalf. 


Did an employee or union file an Unfair Labor Practice (ULP) charge against your organization with the NLRB?

Did you just receive a letter from a lawyer demanding money to settle a claim of discrimination or retaliation?  Call us, we can assist.