Employment Law Guide: Employment Lawyer Sarasota, Florida

Introduction: Why Sarasota Workers Need a Local Employment Law Guide

Sarasota’s economy is fueled by healthcare, hospitality, manufacturing, and a vibrant arts scene. Employees at major local employers such as Sarasota Memorial Health Care System, Publix Super Markets, and numerous hotels that serve the city’s year-round tourism depend on consistent paychecks and respectful workplaces. Yet wage disputes, discrimination, retaliation, and wrongful termination claims continue to arise across Sarasota County. Understanding Florida employment law and the federal rules that overlay it is the first step to protecting your career, your income, and your peace of mind.

This comprehensive guide—written for employees, contractors, and job seekers in Sarasota—explains the key laws, deadlines, and complaint procedures that shape your workplace rights. Slightly employee-focused but strictly factual, it draws on authoritative sources including the Florida Civil Rights Act (Fla. Stat. § 760.01 et seq.), Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), the Fair Labor Standards Act (29 U.S.C. § 201 et seq.), and rulings from Florida and federal courts. You will also learn about the at-will employment doctrine, its exceptions, how to file with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR), and when it makes sense to hire an employment lawyer in Sarasota, Florida.

Understanding Your Employment Rights in Florida

Florida’s At-Will Employment Doctrine – and Its Exceptions

Like most states, Florida presumes that employment is “at will.” That means an employer can terminate an employee—or an employee can quit—for any lawful reason or no reason at all, without prior notice. However, several statutory and common-law exceptions protect Sarasota workers from unfair dismissal:

• Statutory Discrimination Protections: Employers may not fire, demote, or refuse to hire based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40+), disability, genetic information, or marital status under Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Florida Civil Rights Act.

• Retaliation Protections: It is illegal to terminate or punish employees for engaging in protected activity, such as filing a discrimination complaint, requesting minimum wage or overtime, or reporting legal violations under the Florida Private Sector Whistleblower Act (Fla. Stat. § 448.102).

• Contractual Promises: A written employment contract, collective bargaining agreement, or company policy manual that limits termination rights can override at-will status.

• Public Policy Exception: Florida courts recognize a narrow public-policy exception—employers cannot fire workers for refusing to break the law.

Wage and Hour Basics

Sarasota employees are entitled to the higher of Florida’s hourly minimum wage or the federal rate. As of 2024, Florida’s minimum wage is $13.00 per hour ($8.98 for tipped employees) and will increase to $15.00 by 2026 pursuant to Fla. Const. art. X, § 24. Non-exempt workers must also receive overtime pay at 1.5 times their regular rate for hours worked beyond 40 in a workweek, as required by the FLSA Overview.

Leave and Accommodation Rights

• Family and Medical Leave Act (FMLA): Eligible employees of covered employers can take up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons.

• ADA Accommodations: Employers with 15+ employees must provide reasonable accommodations to qualified workers with disabilities, unless doing so would create an undue hardship.

• Pregnancy Accommodation: The Florida Civil Rights Act and Title VII (as amended by the Pregnancy Discrimination Act) require accommodations for pregnancy-related limitations comparable to those provided for other temporary conditions.

Common Employment Law Violations in Florida

1. Wage Theft and Unpaid Overtime

Wage theft accounts for thousands of complaints statewide each year. Service-sector workers in Sarasota’s hospitality and restaurant industries are particularly vulnerable to tip misappropriation, off-the-clock work, and unpaid overtime.

2. Misclassification of Employees as Independent Contractors

An employer may label a worker an “independent contractor” to avoid paying payroll taxes and overtime. Courts and the U.S. Department of Labor apply an economic realities test to decide whether the worker is truly in business for themselves or is economically dependent on the employer.

3. Discrimination and Harassment

Unlawful discrimination can be overt or subtle, from refusing promotions to creating a hostile environment. Sarasota’s increasingly diverse workforce—particularly in healthcare and tourism—has led to a surge in disability and age-based discrimination cases filed with the EEOC’s Tampa Field Office.

4. Retaliation After Complaints

Retaliation is now the most frequently alleged basis in EEOC charges nationwide. Employers sometimes discipline or terminate employees who raise concerns about wages, discrimination, or safety violations, violating both state and federal law.

5. Wrongful Termination for Whistleblowing

Under Fla. Stat. § 448.102, employers may not fire workers who disclose, object to, or refuse to participate in unlawful activities. For example, a Sarasota nurse who reports Medicare fraud is protected from retaliation.

Florida Legal Protections & Key Employment Laws

Florida Civil Rights Act (FCRA) – Fla. Stat. Chapter 760

The FCRA largely mirrors Title VII but covers employers with 15 or more employees (the same threshold as federal law) and prohibits discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. A charge must be filed with the FCHR within 365 days of the discriminatory act. After 180 days, if the FCHR has not resolved the charge, the employee may request a “Notice of Determination” and file suit in state court within one year of that notice.

Read the statute text here: Florida Civil Rights Act (Chapter 760).

Title VII of the Civil Rights Act of 1964

Title VII prohibits employment discrimination nationwide. A charge must be filed with the EEOC within 300 days (because Florida is a “deferral” state with its own FCHR agency). After receiving a Right-to-Sue letter, a worker has 90 days to file in federal court.

Fair Labor Standards Act (FLSA)

The FLSA sets federal minimum wage and overtime standards. Employees have two years to file suit for standard violations and three years if the violation was willful.

Florida Minimum Wage Act

Florida’s minimum wage adjusts annually and is enforced by the Florida Attorney General and private lawsuits. Employees must serve written notice to the employer 15 days before filing suit for unpaid minimum wages under Fla. Stat. § 448.110.

Americans with Disabilities Act (ADA)

The ADA protects qualified individuals with disabilities and requires reasonable workplace accommodations.

Florida Whistleblower Acts

• Public Sector Whistleblower Act (Fla. Stat. § 112.3187).

• Private Sector Whistleblower Act (Fla. Stat. § 448.102). Lawsuits must be filed within two years of retaliatory action.

Steps to Take After a Workplace Violation

1. Document Everything

Preserve pay stubs, time sheets, emails, performance reviews, and witness statements. Accurate, contemporaneous records can make or break an employment case.

2. Follow Internal Complaint Procedures

Many Sarastota employers have written policies requiring employees to report harassment or wage concerns to HR first. Following these policies can strengthen your legal position and may cut off certain employer defenses.

3. File Administrative Charges on Time

Discrimination or Harassment: File with the EEOC or FCHR. The Tampa Field Office (local telephone: 813-228-2310) covers Sarasota County. You may start the process online via the EEOC charge process.

• Wage & Hour Violations: File a complaint with the U.S. Department of Labor’s Wage and Hour Division or deliver a written demand letter (for minimum wage) to the employer as required by Fla. Stat. § 448.110.

• Unemployment Benefits: Apply through the Florida Department of Economic Opportunity’s CONNECT system. CareerSource Suncoast, located at 3660 N. Washington Blvd. in Sarasota, offers in-person assistance.

4. Consider Mediation

Both the EEOC and FCHR offer free mediation that may resolve disputes quickly. An experienced employment lawyer Sarasota Florida can advise you on whether settlement is wise or litigation is necessary.

5. Preserve the Statute of Limitations

If the agency process ends with a dismissal or Right-to-Sue letter, strict deadlines apply—often as short as 90 days to file in court. Missing a deadline usually ends the claim forever.

When to Seek Legal Help in Florida

Signs You Should Call an Employment Lawyer

• You were terminated shortly after reporting discrimination or requesting overtime pay.

• Your employer fails to produce pay records or threatens you for asking.

• You face complex issues like non-compete enforcement, executive compensation, or long-term disability accommodations.

The Benefits of Hiring Counsel

An attorney can evaluate the merits of your claim, calculate damages (back pay, front pay, emotional distress, punitive damages, attorney’s fees), negotiate severance, file agency charges, and represent you in state or federal court. Many Sarasota employment lawyers accept cases on contingency—meaning no fee unless you recover.

Florida Attorney Licensing Rules

Only members in good standing with The Florida Bar can provide legal advice in Florida. Check an attorney’s license status at The Florida Bar.

Local Resources & Next Steps

• EEOC Tampa Field Office: 501 E. Polk St., Suite 1000, Tampa, FL 33602. Serves Sarasota County.

Florida Commission on Human Relations: 4075 Esplanade Way, Suite 110, Tallahassee, FL 32399. Online filing available via Florida Commission on Human Relations. Florida Department of Economic Opportunity: For unemployment and workforce programs, visit Florida Department of Economic Opportunity.

• CareerSource Suncoast – Sarasota Office: Local help with job searches and reemployment assistance.

Collect your documents, diary entries, and any written employer policies before your first consultation. Accurate timelines and paperwork let an attorney evaluate your case quickly.

Legal Disclaimer

This guide provides general information for Sarasota, Florida workers and does not constitute legal advice. Laws change, and every situation is unique. Consult a licensed Florida employment attorney before taking action.

If you experienced workplace discrimination, wrongful termination, or wage violations, call Louis Law Group at 833-657-4812 for a free case evaluation and employment consultation.