Richard D. Tuschman, P.A. Employment Lawyers

Representing Employees

  • Obtained a jury verdict for more than $450,000 in on behalf of former cruise line executive in an action for breach of a severance agreement in Miami-Dade Circuit Court.
  • Obtained a $95,000.00 settlement from an in-patient counseling and treatment center in a sexual harassment and retaliation case for a terminated counseling assistant.
  • Obtained a $95,000.00 settlement from a Florida school district in a disability discrimination case for a terminated school teacher with Attention Deficit Disorder.
  • Obtained a settlement of $75,000.00 from a nursing home in a race discrimination case for a terminated African-American social worker.
  • Obtained a settlement of $72,500.00 in a race discrimination case for a terminated African-American customer service representative.
  • Obtained a $65,000.00 settlement from a bank in a family and medical leave and disability discrimination case for a terminated human resources manager.
  • Obtained a $60,000.00 settlement from a commercial property investment company in a sexual harassment and retaliation case for a terminated investment representative.
  • Obtained a $50,000.00 settlement in an overtime case from a fire equipment company for a representative of the company.

Representing Employers

  • Obtained a defense verdict on behalf of a grocery-store chain in an age discrimination action in Miami-Dade Circuit Court.
  • Represented a media publication in a sexual harassment trial, limiting the employee’s damages to $1.00.
  • Obtained summary judgment on behalf a medical clinic in an action for unpaid wages and wrongful termination under Florida common law and the Fair Labor Standards Act. Alfonso v. Care First Medical Center, Inc., 2015 WL 1000983 (S.D. Fla. 2015).
  • Obtained a permanent injunction against a physician who had departed a medical practice client and violated a non-competition agreement.
  • Successfully challenged the jurisdiction of the Office of Federal Contract Compliance Programs (OFCCP) to require the implementation of a company’s affirmative action program.
  • Obtained an emergency temporary injunction against a former employee who was harassing and making threats against his former employer, an accounting firm.
  • Obtained a post-trial order vacating a judgment in favor of the plaintiff in a Title VII discrimination and retaliation case and dismissing the plaintiff’s claims due to her failure to disclose her bankruptcy filing to the court, and her failure to disclose her Title VII case to the bankruptcy court. Alvarez v. Royal Atlantic Developers, 854 F.Supp.2d 1219 (S.D. Fla. 2011).
  • Obtained summary judgment on behalf of an individual supervisor in a claim by a former employee for tortious interference with a contract.
  • Obtained on order denying plaintiff’s motion for temporary injunction in its entirety on behalf of a produce wholesaler and its new salesman in a lawsuit alleging breach of a restrictive covenant and tortious interference with a contract.
  • Obtained summary judgment on behalf of a transportation-services company in FMLA action in federal court. Singletary v. Stops, Inc., 2010 WL 3517039 (M.D. Fla. 2010).
  • Obtained summary judgment on behalf of a motor-coach operator in FLSA action in federal court, and an affirmance on appeal. Walters v. Am. Coach Lines of Miami, Inc., 569 F.Supp.2d 1270 (S.D. Fla. 2008), aff’d, 575 F.3d 1221, (11th Cir. 2009).
  • Obtained dismissal of a pregnancy discrimination case in a pregnancy discrimination action in federal court. Boone v. Total Renal Labs., Inc., 565 F. Supp. 2d 1323 (M.D. Fla. 2008)
  • Obtained an order dismissing claims for breach of contract, breach of an oral agreement, quantum meruit, specific performance and breach of implied contract. Waxman v. Equitable Life Assur. Soc’y of U.S., 2008 WL 619321 (S.D. Fla. 2008).
  • Obtained summary judgment on behalf of a retail furniture company in an ADA action in federal court. Dwyer v. Ethan Allen, Inc., 528 F. Supp. 2d 1297 (S.D. Fla. 2007).
  • Obtained summary judgment in favor of a dialysis-services company in a Florida Whistleblower’s Act case in federal court. Colon v. Total Renal Care, Inc., 2007 U.S. Dist. LEXIS 85263 (M.D. Fla. 2007).
  • Obtained an order denying plaintiff’s motion for preliminary injunction on behalf an international industrial-services company in federal court in an action alleging theft of trade secrets, unfair trade practices and business-related torts. Furmanite America, Inc. v. T.D. Williamson, Inc., et al., 2006 U.S. Dist. LEXIS 61368 (M.D. Fla. 2006).
  • Obtained summary judgment on behalf a technology company in federal court in an action under the Employee Retirement Income Security Act of 1974 (ERISA). Bazile v. Lucent Technologies, Inc., 2005 U.S. Dist. LEXIS 34320 (S.D. Fla. 2005).
  • Obtained summary judgment on behalf of an architectural woodworking company in FLSA action in federal court.. Reyes v. Hollywood Woodwork, Inc., 370 F. Supp. 2d 1288 (S.D. Fla. 2005).
  • Obtained summary judgment on behalf a retail furniture company in FMLA action in federal court, and an affirmance on appeal. Barnes v. Ethan Allen, Inc., 356 F. Supp. 2d 1306, aff’d, 2005 U.S. App. LEXIS 18931 (11th Cir. 2005).
  • Obtained a dismissal of an age discrimination case on behalf of a construction contractor.
  • Obtained a dismissal of a national origin discrimination case on behalf of an electrical contractor.