The law firm of Jason L. Gunter, P.A. exclusively handles employment law cases for businesses and individuals. From our Fort Myers and Naples locations, our legal team serves communities throughout Southwest Florida. After nearly 18 years in private practice, Attorney Jason Gunter has earned a reputation for being a dedicated and aggressive advocate for his clients and achieving justice through proven results.
Florida Bar Board Certified Labor and Employment Law Specialist
Jason Gunter has been certified by the Florida Bar as a labor and employment law specialist since 2004. Certification recognizes exemplary skills, knowledge and proficiencies in a specific legal discipline. This high rank attests to Jason Gunter’s professional and ethical practice of law. Only select attorneys who undergo a rigorous evaluation process are granted certification and can call themselves specialists or experts.
Proven Results
At GunterFirm, determination and preparation define everything we do. No matter who is our adversary, we approach every matter with the same focus and persistence that have helped us consistently achieve significant results for our clients.
Our Commitment
Our Commitment to Southwest Florida Employees
At GunterFirm, we advise and represent employees ranging from minimum wage laborers to the CEO of a publicly traded company.
Regardless of our client’s wages or economic status, we devise and implement a customized legal strategy tailored to fit our client’s needs. We recognize that not all cases involve million-dollar verdicts or six-figure settlements. We take great pride in representing middle-class and low-wage workers who are owed money as a result of unpaid overtime, unpaid commissions or bonuses, or whose legal rights have been violated.
Our Commitment to Southwest Florida Businesses
After years of honing their litigation skills representing employees against large corporations–and achieving big results—the GunterFirm team began earning the trust of employers as well.
Today, GunterFirm is routinely retained by Southwest Florida businesses for employment law consulting and defense against employee claims. With nearly two decades of experience litigating these matters on behalf of employees across virtually every industry, our team offers a uniquely informed perspective, helping employers identify legal exposure and implement aggressive, cost-effective defense strategies.
Popular FAQs
Wage
Start a paper trail. Save copies of your pay stubs, time records, schedules, emails, and any notes showing the hours you actually worked. Sometimes it is best to bring it to the employer’s attention in writing. It is also in your best interest to speak with an employment lawyer who can review your paperwork and help you understand your rights and options.
Generally, no, employers cannot make you work off the clock or skip breaks without compensation. Whenever you are doing your job duties (on shift, off shift, during break, etc.), you generally must be paid for that time according to the Fair Labor Standards Act.
If you are paid by the piece, you are still entitled to overtime pay. Employees paid on a piece-rate basis remain entitled to overtime pay if they are non-exempt under the Fair Labor Standards Act. Your overtime pay in this instance is most often calculated based on your regular rate of pay for the week, which is determined by dividing total earnings by total hours worked.
No, managers and supervisors are generally not part of a tip pool. Under federal law, managers and supervisors are not allowed to participate in pool tips. If they do, the tip pool is invalidated and all impacted employees may be entitled to relief.
One of the most common reasons commissions aren’t paid is that the situation doesn’t warrant one. There can be some confusion in your written employment agreement or commission plan about what is considered “earned.” First, we recommend checking that paperwork.
If, indeed, an employer refuses to pay commissions that you have already earned under the agreement, you may have a claim for breach of contract or unpaid wages. Be sure to keep clear documentation to support your claim, and reach out to an attorney who can review your situation in more detail and with a clear understanding of the law.
Non-wage
According to the Florida Civil Rights Act, which is modeled after the federal law, employers generally may not discriminate based on: race, color, religion, sex, pregnancy, national origin, age, or marital status.
No, your employer cannot fire you for reporting something illegal or unsafe. The Florida Whistleblower Act prohibits employers from retaliation against employees who “blow the whistle” and report fraudulent or unsafe practices. Other Florida laws involving employment also prohibit whistleblower retaliation.
First, we’re sorry you’re in this situation. Secondly, know you have rights as a victim of workplace harassment. Many companies have internal reporting procedures you may be able to follow (typically through HR or upper management). Unfortunately, if you don’t follow the company’s policies, your claim may be barred in the future. We recommend saving any documentation you have acquired. If you are uncomfortable or afraid to reach out to management, it may be time to speak with a lawyer who can further advise you about your legal options under the Florida Civil Rights Act.
Yes, Florida courts will enforce non-compete agreements. Florida Statute 542.335 governs the enforcement of non-competes in Florida, where it remains one of the strictest, if not the strictest, states in the country for enforcement. In other words, employers have a better shot at getting a non-compete injunction here than most other states.
Florida is generally an “at-will” employment state, meaning employers can terminate employees for many reasons—or no reason at all. However, an employer cannot terminate someone for an illegal reason, such as discrimination, retaliation for reporting misconduct, or exercising certain legal rights.
If you were fired shortly after reporting discrimination, safety violations, unpaid wages, or other protected activity, it may raise questions about retaliation. Reviewing the circumstances with an employment attorney can help determine whether your termination may have violated state or federal law.
Representation and Litigation
At GunterFirm, we fight tirelessly for fairness in the workplace. Our team of Fort Myers and Naples employment lawyers is proud to deliver significant results for employees across Fort Myers and Naples in all areas of employment law.
Consultation and Advice
Our Fort Myers and Naples employment lawyer team also partners with employers to prevent problems before they start. We provide strategic guidance, compliance reviews, and practical solutions tailored to each client’s workforce and goals.
