W. Jan Pietruszka

W. Jan Pietruszka’s unique blend of employment law counseling and litigation allows him to effectively and efficiently advise employers and executives on a wide variety of employment issues. Furthermore, Jan routinely drafts employment contracts, restrictive covenant agreements, independent contractor agreements, severance agreements, and employee handbooks and policies.

He regularly litigates to enforce non-competition, non-solicitation and confidentiality agreements, and he has extensive experience representing clients being investigated by the Department of Labor (DOL), the Department of Justice (DOJ), the Equal Employment Opportunity Commission (EEOC), and the Florida Commission on Human Relations.

Jan communicates and forges relationships with all sorts of individuals, and gains an understanding of his clients’ businesses, culture, and values, allowing him to identify future issues and find solutions that support long-term client strategies and keep clients out of trouble. He prides himself on helping clients avoid liability by offering in-house training to management and employees, and counseling them on the numerous state and federal laws regulating the workplace, such as:

• Title VII of the Civil Rights Act of 1964
• Family and Medical Leave Act (FMLA)
• Fair Labor Standards Act (FLSA)
• Americans with Disabilities Act (ADA)
• Age Discrimination in Employment Act (ADEA)
• General employment issues, including employee discipline, terminations, and workplace investigations

Along with employment law, Jan defends and advises commercial property owners and tenants on Title III of the ADA, which details the structural and design requirements for disabled access and public accommodations. He has represented more than 100 landlords and tenants in federal Title III ADA cases in Florida and Ohio.

Education:

• J.D., cum laude, Stetson University College of Law, 1999
• B.A., The Catholic University of America, 1995

Bar and Court Admissions:

• Florida, 1999
• U.S. District Court Southern District of Florida, 2000
• U.S. District Court Middle District of Florida, 2000
• U.S. District Court Northern District of Florida, 2000

Representative Matters:

• Obtained injunction for medical practice as to multiple physicians for breach of non-competition duties.
• Obtained injunction and damages for client against multiple former employees and their subsequent employer for breach of non-competition and non-solicitation duties.
• Obtained summary judgment for client as to independent contractor’s claims of breach of contract, false imprisonment, defamation, and conversion.
• Obtained dismissal of all claims against client in federal lawsuit alleging religious discrimination and breach of contract for employee’s termination.

Professional and Community Affiliations:

• The Florida Bar
• Middle, Northern and Southern Districts of Florida
• Hillsborough County Bar Association