Florida Labor & Employment Attorneys — When Work Becomes a Legal Problem
Losing a job, getting denied disability benefits, or facing discrimination at work are serious legal situations with serious deadlines. Barbas Nunez Sanders Butler & Hovsepian represents Florida employees in labor and employment matters — bringing the same tenacity to workplace disputes that has defined our practice since 1982.
What Labor & Employment Law Covers
Employment law governs the relationship between employers and employees — and when that relationship goes wrong, the consequences can be immediate and severe. A termination cuts off income. A disability denial cuts off benefits you paid into. A discriminatory workplace becomes untenable. In each situation, the law gives affected employees real remedies — but those remedies come with deadlines, administrative prerequisites, and procedural requirements that make early legal involvement essential.
Steven Hovsepian leads our labor and employment practice with deep litigation experience in employment disputes and disability claims. He understands how employers and carriers defend these cases — and he prepares accordingly. On cases involving complex medical evidence, he works closely with Kristen Emerson, whose nursing background strengthens the evidentiary record at the administrative stage.
Labor & Employment Cases We Handle
When a legitimate medical condition prevents you from working, your long-term disability policy should provide income replacement. When the carrier denies that claim — and they do, routinely — you have the right to appeal. Most LTD policies are governed by ERISA, a federal statute with strict appeal deadlines and a defined administrative process. Missing those deadlines can permanently bar your right to benefits.
Our attorneys handle LTD denials from the first appeal letter through federal litigation if necessary. We understand how carriers structure their denials — which medical opinions they rely on, which policy definitions they interpret narrowly, and where their reasoning breaks down under scrutiny.
Florida and federal law prohibit discrimination in employment on the basis of race, color, national origin, sex, religion, age, disability, and other protected characteristics. When an employer acts on those grounds in hiring, termination, promotion, compensation, or workplace conditions, affected employees have the right to pursue relief through the EEOC, the Florida Commission on Human Relations, and the courts.
Employment discrimination cases have administrative prerequisites and filing deadlines that must be met before litigation is possible. We guide clients through the EEOC and FCHR process, and we know where claims are strongest and how to build the evidentiary record that supports them.
Workers' Compensation Retaliation
Florida law prohibits employers from firing, demoting, or otherwise retaliating against employees for filing a workers' compensation claim. When that line is crossed, the retaliation itself becomes a separate legal claim. Because our firm also handles workers' compensation matters, we are uniquely positioned to identify retaliation when it occurs and pursue both claims simultaneously when the facts support it.
Your LTD Carrier Said No — Here's What Happens Next
Long-term disability denials under ERISA follow a specific administrative structure. Understanding it matters, because ERISA appeals are not like ordinary legal appeals — the record built at the administrative stage largely defines what evidence a federal court can consider if the case goes to litigation.
Step 1
Review the Denial Letter
The carrier is required to provide a written explanation of the denial, including the specific policy provisions and medical conclusions it relies on. That letter is the starting point for understanding how to challenge the decision.
Step 2
Gather and Supplement the Medical Record
Most LTD denials hinge on a gap, inconsistency, or unfavorable opinion in the medical record. The appeal is an opportunity to address those gaps with additional documentation, treating physician statements, or independent medical evaluations. This is where Kristen Emerson's medical background is a concrete asset — she understands the clinical picture, not just the legal one.
Step 3
File the Administrative Appeal Within the Deadline
ERISA requires carriers to allow at least one administrative appeal before litigation is available. Deadlines are strict — typically 180 days from the denial letter, but your plan documents may set a shorter window. Missing the deadline generally closes the door to federal court. Contact us immediately after receiving a denial.
Step 4
Federal Litigation if the Appeal Is Denied
If the carrier upholds the denial after a full administrative appeal, the next step is federal court. ERISA litigation is specialized — and the strength of the case depends heavily on how well the administrative record was built in step two. We prepare every administrative appeal with the possibility of litigation in mind.
What Florida Employees Ask About Labor & Employment Claims
What is employment discrimination and how do I know if I have a claim?
Employment discrimination occurs when an employer makes decisions based on a protected characteristic — race, color, national origin, sex, pregnancy, religion, age (40 and over), or disability — rather than legitimate business reasons. It can occur in hiring, termination, promotion, compensation, or workplace conditions. If you believe a protected characteristic played a role in how you were treated, a free consultation will help you determine whether the conduct meets the legal standard.
How long do I have to file an employment discrimination claim in Florida?
Discrimination claims require filing a charge with the EEOC or the Florida Commission on Human Relations before a lawsuit can be filed. The EEOC deadline is generally 300 days from the discriminatory act in Florida. The FCHR deadline is 365 days. Missing these administrative deadlines bars the claim permanently. Contact us before the clock runs out.
My long-term disability was denied. Do I have to accept that?
No. LTD denials under ERISA are appealable, and the administrative appeal process must be exhausted before federal litigation is available. Improper denials are common — carriers routinely rely on narrow medical opinions or policy definitions applied beyond their plain meaning. The appeal deadline is strict, so contact us as soon as you receive a denial letter.
Can my employer fire me for filing a workers' compensation claim?
No. Florida law explicitly prohibits employer retaliation against employees who file or attempt to file a workers' compensation claim. If you were terminated, demoted, or had your hours cut after filing a claim, that adverse action may constitute unlawful retaliation — a separate legal claim with its own damages.
Can I pursue a discrimination claim and a retaliation claim at the same time?
Yes, when the facts support both. An employee who experienced discrimination and was later terminated after filing a workers' comp claim may have viable claims under multiple legal theories simultaneously. We evaluate the full picture and advise on how to sequence and pursue those claims most effectively.
How much does it cost to hire a labor and employment attorney?
For workers' comp retaliation and some employment claims, we handle cases on contingency — no fee unless we recover. For ERISA long-term disability appeals, fee structures vary depending on the stage and complexity of the case. We discuss fee arrangements directly in the initial consultation so there are no surprises.
Fired. Denied. Discriminated Against. You Have Options — Let's Talk.
Employment and disability claims have hard deadlines that don't pause while you figure out your next move. If you've been fired after a workplace injury, had your long-term disability denied, or experienced discrimination at work in Tampa or anywhere in Florida, the free consultation is the fastest way to understand what you're dealing with.