PRACTICE AREAS: Florida Employment Defense Lawyers

Labor and Employment Defense

Cristal | Hanenian provides preventative strategies tailored specifically for your business designed to prevent a lawsuit before it starts. We also help you develop personnel procedures, employee manuals and are always available to make recommendations for immediate concerns. In the event an employee files a complaint or initiates litigation, we aggressively defend you at the administrative level from the first Charge of Discrimination at the EEOC or the FCHR as well as the subsequent lawsuit filed in either State or Federal Court. This includes defending employers from alleged violations of:

  • Title VII of the Civil Rights Act;
  • Florida Civil Rights Act;
  • Wage & Hour under the Fair Labor Standards Act;
  • Americans with Disabilities Act (ADA);
  • Age Discrimination (ADEA);
  • Family Medical Leave Act (FMLA);
  • Sexual Harassment and Discrimination;
  • Hostile Work Environment;
  • Whistleblower;
  • Wrongful Termination and
  • Workers’ Compensation Retaliation.

Florida State Workers’ Compensation Defense and Employers’ Liability Defense (Coverage “B”)

Cristal | Hanenian handles defense of Employers with insurance, Uninsured Employers, Insurance Companies and Third Party Administrators from Workers’ Compensation claims. While we handle defense of all claims, we have a particular niche in matters involving fraud. We also specialize in defending claims against Employee Leasing Companies and are on the cutting edge in dealing with all of the unique issues that arise in this area. We counsel Insurers, Self-Insureds and Professional Employer Organizations (PEOs) on formulating Client Service Agreements, Return to Work Programs and internal policies and procedures.

Cristal | Hanenian also defends Employers and Carriers from claims from employees alleging Intentional Torts and incidents that were “Virtually Certain” to lead to serious injury or death. These are claims filed by an injured worker but, due to the alleged egregious manner in which the injuries allegedly were sustained, the employee may actually sue his employer in State Court for damages far in excess of those provided in the Workers’ Compensation system.

Longshore & Harbor Workers’ Compensation and Defense Base Act

Cristal | Hanenian has years of experience in defending USL&H claims on behalf of Employers throughout the Southeast; not just Florida. Having an attorney who has a strong knowledge of both USL&H claims as well as Florida State Workers’ Compensation claims is also important in helping to distinguish the jurisdictional issues that arise and formulate a determination of how the claims should be handled.

Foreign Voluntary Compensation Defense

These claims are also unique as they often present complicated issues of jurisdiction. In fact, attorneys representing injured workers covered by these policies oftentimes file claims in the wrong jurisdiction which usually creates a substantial expense for everyone involved. Employees injured oversees are usually covered under these “catch all” policies and there are always specific legal requirements in how these claims need to be handled and defended. Having an attorney with this unique knowledge combined with similar claims falling under other jurisdictions is an important safeguard against improper claims filed by uneducated attorneys.

Stop-Work Orders/Penalty Assessments

The State of Florida requires all employers to maintain Workers' Compensation insurance coverage for all employers in the construction industry as well as all other employers that have more than three employees on the payroll. If the State determines that a business is not in full compliance by maintaining workers’ compensation for all employees at the job site or place of business, the State may issue a Stop-Work Order requiring that employer to cease any further operations at the inspected locations or even at multiple locations at which the employer is conducting business. Penalties Assessments are often calculated incorrectly and employees are commonly misclassified.

Appellate Practice

Cristal | Hanenian has a long history defending and initiating appeals on behalf of its clients. Some of the appeals handled by our attorneys become landmark decisions in the area of Workers’ Compensation benefiting employers and carriers.

Insurance Coverage and Carrier Representation Disputes

Cristal | Hanenian advises and represents national insurance companies, reinsurance companies, funds and all types of broad based policies in coverage related matters on a statewide basis. Our attorneys have the privilege of being principal counsel in coverage disputes and have experience not only in the area of coverage analysis and the Florida Claims Administration Statute, but also in complex employers liability matters which include preparing reservation of rights letters, declaratory actions in both federal and state courts and navigating the conflicting relationship between employer liability tort exposure and workers’ compensation immunity.

Bad Faith and Extra-Contractual Liability

Cristal | Hanenian counsels and guides clients in the complexities of insurance policies and coverage, including assessing policies to determine if the insurer has a duty to pay for a client’s defense and/or indemnify the insured.

Transportation Defense

Cristal | Hanenian attorneys realize that truck accident claims are much more unique than typical motor vehicle accidents. They are costly and without effective counsel, can be devastating to a business. Our attorneys work with investigators statewide and immediately go to site crashes insuring that your interests are protected, evidence and data is maintained in compliance with the law and causation is assessed. Cost effective legal management takes place immediately in an attempt to reach the best outcome on behalf of the client.