Richard D. Tuschman, P.A. Employment Lawyers

Representative Cases

Representing Employees

$1.4 million

Obtained summary judgment and an order awarding more than $1.4 million plus attorney’s fees on behalf of a bank executive in an action for unpaid commissions before the AAA.

More than $730,000

Obtained a judgment of more than $730,000 on behalf of a physician in an action for breach of an employment agreement before the American Arbitration Association (AAA).

More than $450,000

Obtained a jury verdict for more than $450,000 on behalf of former cruise line executive in an action for breach of a severance agreement in Miami-Dade Circuit Court.

$325,000

Negotiated a $325,000 settlement of a same-sex sexual harassment claim on behalf of an executive of a non-profit organization.

Negotiated a settlement of $265,000 on behalf of an executive

Negotiated a settlement of $265,000 on behalf of an executive who challenged his termination “for cause” under his employment agreement.

Obtained a dismissal of an action in Sarasota County Circuit Court

Obtained a dismissal of an action in Sarasota County Circuit Court and an affirmance on appeal in an action against a California-based defendant, based on lack of personal jurisdiction. Bjh Hosp., Inc. v. Scalzi, 351 So. 3d 603 (Fla. 2d DCA 2022).

Obtained a jury verdict and a judgment of more than $77,000 plus attorney’s fees

Obtained a jury verdict and a judgment of more than $77,000 plus attorney’s fees on behalf of an executive in a breach of contract action in Broward County Circuit Court.

Obtained a dismissal of an action in Palm Beach Circuit Court

Obtained a dismissal of an action in Palm Beach Circuit Court in a defamation action against a Vermont-based former employee based on lack of personal jurisdiction.

Representing Management

Obtained summary judgment in U.S. District Court on behalf of construction firm

Obtained summary judgment in U.S. District Court on behalf of a construction firm in an action alleging racial discrimination and retaliation. Mapp v. Merrick Indus. Mgmt. Corp., No. 22-cv-20385-BLOOM/Otazo-Reyes, 2023 U.S. Dist. LEXIS 37418 (S.D. Fla. Mar. 6, 2023).

Obtained summary judgment in U.S. District Court and affirmance on appeal on behalf of marketing company

Obtained summary judgment in U.S. District Court on behalf of a marketing and production company in an action under the Family and Medical Leave Act (FMLA). Graves v. Brandstar Studios, Inc., No. 20-60666-CIV-SINGHAL, 2021 U.S. Dist. LEXIS 177540, at *1 (S.D. Fla. Sep. 17, 2021).

Obtained a defense verdict

Obtained a defense verdict on behalf of a labor union in action for breach of an employment agreement in Miami-Dade Circuit Court.

Obtained a defense verdict

Obtained a defense verdict on behalf of a grocery-store chain in an age discrimination action in Miami-Dade Circuit Court.

Obtained summary judgment in U.S. District Court on behalf a medical clinic

Obtained summary judgment in U.S. District Court 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 in Miami-Dade Circuit Court against a physician

Obtained a permanent injunction in Miami-Dade Circuit Court 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

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 in Miami-Dade Circuit Court against a former employee

Obtained an emergency temporary injunction in Miami-Dade Circuit Court 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 U.S. District Court in favor of the plaintiff

Obtained a post-trial order vacating a judgment in U.S. District Court 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 on order in Broward Circuit Court denying plaintiff's motion for temporary injunction

Obtained on order in Broward Circuit Court 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 in U.S. District Court on behalf of a transportation-services company

Obtained summary judgment in U.S. District Court on behalf of a transportation-services company in FMLA action.  Singletary v. Stops, Inc., 2010 WL 3517039 (M.D. Fla. 2010).

Obtained summary judgment in U.S. District Court on behalf of a motor-coach operator

Obtained summary judgment in U.S. District Court on behalf of a motor-coach operator in a Fair Labor Standards Act (FLSA) case, 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 action in U.S. District

Obtained dismissal of a pregnancy discrimination case action in U.S. District.  Boone v. Total Renal Labs., Inc., 565 F. Supp. 2d 1323 (M.D. Fla. 2008)

Obtained an order in U.S. District Court dismissing claims for breach of contract

Obtained an order in U.S. District Court 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 in U.S. District Court on behalf of a retail furniture company

Obtained summary judgment in U.S. District Court on behalf of a retail furniture company in an Americans with Disabilities Act case.  Dwyer v. Ethan Allen, Inc., 528 F. Supp. 2d 1297 (S.D. Fla. 2007).

Obtained summary judgment in U.S. District Court in favor of a dialysis-services company

Obtained summary judgment in U.S. District Court in favor of a dialysis-services company in a Florida Whistleblower’s Act case. Colon v. Total Renal Care, Inc., 2007 U.S. Dist. LEXIS 85263 (M.D. Fla. 2007).

Obtained an order in U.S. District Court denying plaintiff's motion for preliminary injunction

Obtained an order in U.S. District Court denying plaintiff’s motion for preliminary injunction on behalf an international industrial-services company 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 in U.S. District Court on behalf a technology company

Obtained summary judgment in U.S. District Court on behalf a technology company 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 in U.S. District Court on behalf of an architectural woodworking company

Obtained summary judgment in U.S. District Court on behalf of an architectural woodworking company in a FLSA case. Reyes v. Hollywood Woodwork, Inc., 370 F. Supp. 2d 1288 (S.D. Fla. 2005).

Obtained summary judgment in U.S. District Court on behalf a retail furniture company in FMLA action

Obtained summary judgment in U.S. District Court on behalf a retail furniture company in FMLA action, 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 summary judgment in U.S. District Court on behalf an air-cargo operator

Obtained summary judgment in U.S. District Court on behalf an air-cargo operator in a race discrimination and retaliation action. Labady v. Gemini Air Cargo, Inc., 350 F. Supp. 2d 1002 (S.D. Fla. 2004).

Obtained an order from the National Mediation Board denying a union's allegations

Obtained an order from the National Mediation Board denying a union’s allegations of election interference and upholding the election results in favor of an airline-services company.  Transportation Workers of America, 31 NMB No. 93 (2004).

Obtained an order denying the plaintiff’s motion for temporary injunction

Obtained an order denying the plaintiff’s motion for temporary injunction on behalf of an employment-search firm and four of its employees in an action brought in Miami-Dade Circuit Court in an action alleging breach of restrictive covenants and tortious interference.

Obtained summary judgment in U.S. District Court on the majority of plaintiffs' claims

Obtained summary judgment in U.S. District Court on the majority of plaintiffs’ claims  in a race-discrimination action filed by six plaintiffs against a sporting-goods retailer. Hanley v. The Sports Authority, 143 F. Supp. 2d 1351 (S.D. Fla. 2000).

Obtained a temporary injunction in Miami-Dade Circuit Court and an affirmance

Obtained a temporary injunction in Miami-Dade Circuit Court and an affirmance on appeal against a former employee of a reprographics company in an action to enforce a non-competition agreement.  Asad v. T-Square Express, Inc., 750 So. 2d 715 (Fla. 3d DCA 2000).

Obtained summary judgment in U.S. District Court in favor of a school board in a sex-discrimination

Obtained summary judgment in U.S. District Court in favor of a school board in a sex-discrimination . Longariello v. School Board of Monroe Cty., 987 F. Supp. 1440 (S.D. Fla. 1997).

Obtained summary judgment in U.S. District Court in favor of a travel-services company

Obtained summary judgment in U.S. District Court in favor of a travel-services company in an action under the Age Discrimination in Employment Act and Title VII. Chapman v. Travalco, U.S.A., Inc., 973 F. Supp. 1045 (S.D. Fla. 1997).

Obtained an order in U.S. District Court dismissing a plaintiff's claims of racial discrimination

Obtained an order in U.S. District Court dismissing a plaintiff’s claims of racial discrimination by proving the plaintiff’s perjury and fraud upon the court. McDowell v. Seaboard Farms of Athens, 1996 WL 684140 (M.D. Fla. 1996).

Obtained summary judgment in Broward Circuit Court and an affirmance on appeal

Obtained summary judgment in Broward Circuit Court and an affirmance on appeal on behalf of an engineering firm in an action alleging breach of employment contract. Erhart v. United Engineers, Inc., 684 So. 2d 338 (Fla. 4th DCA 1996).

Obtained an order in U.S. District Court dismissing a plaintiff’s claims of sexual harassment

Obtained an order in U.S. District Court dismissing a plaintiff’s claims of sexual harassment against a supervisor. Haq v. United Airlines, Inc., et al., 1994 U.S. Dist. Lexis 15848 (S.D. Fla. 1994).

Obtained summary judgment in U.S. District Court on behalf a telephone company

Obtained summary judgment in U.S. District Court on behalf a telephone company in a race-discrimination case. Davis v. AT&T, 846 F. Supp. 967 (M.D. Fla. 1993).

Obtained summary judgment in U.S. District Court on behalf of telephone company

Obtained summary judgment in U.S. District Court on behalf of telephone company in a Title VII sexual favoritism case. Ayers v. AT&T, 826 F. Supp. 443 (S.D. Fla. 1993).