Law Office of David Miklas, P.A.

09/10/2025

Looking forward to speaking to business students at the University of Florida!

06/05/2025

I am honored to be quoted in an article about today’s US Supreme Court decision.



A unanimous ruling in Ames v. Ohio confirms that majority-group employees have the same rights under Title VII as anyone else—and face no higher burden to prove bias.The nation's highest court said a straight woman who claimed she was passed over for promotion did not have to prove a higher standa...

05/29/2025

It’s an honor to be quoted in another article about employment law.

It’s illegal to consider past complaints against other employers during hiring. Doing so could expose your business to exactly the risk you're trying to avoidIf a job candidate has sued a previous employer, it's a protected activity and using that information in your decision invites legal trouble...

04/04/2025

One of my sessions this summer at the huge HR Florida conference

03/20/2025

It is an honor to be quoted twice in this national article from the largest HR organization in the world.

Understand the implications of Trump’s executive order on language policies for HR professionals. Learn how to ensure compliance and protect employee rights.

12/23/2024

This is one change HR really should get behind for 2025. Even if it is not legally required (which it is not in Florida) I have a hard time seeing any legitimate reason to hiding the pay range when you advertise a job.

If you entertain the idea of remote work, then it is actually legally required in many non-Florida jurisdictions anyway, so you could already be violating the law if you run an ad that solicits applicants from one of those (remote) locations without listing a realistic pay range.

I know I will get push-back. Listen, I am an employer-side lawyer. But even I don't think keeping pay a secret is a good thing. It is almost always done by crappy companies that are not competitive.

Think about that. Hiding pay sends out the message to many people that you are not competitive in pay (regardless of whether it is true). So, hashtag it is up to you to share this post with your boss or a hiring manager that hide pay, and maybe they will be open-minded.

Tag someone who should see this or send it to them ↗️

By the way, plenty of Genz applicants won't even bother applying if the pay range is not immediately visible.

12/04/2024

About to fire an employee? Hold up. Firing an employee 3 weeks before Christmas is usually pretty rotten.

Usually?

Yes, sometimes it is absolutely necessary.

Like when you catch them red-handed stealing.

But if the reason is poor performance, then you should have MONTHS of time to coach and warn them to improve. That situation is different.

That situation typically allows the employer to exhibit grace and empathy.

Chances are you can still fire the employee after the new year and you give them another month to turn around their performance. Maybe you even give them a couple more written warnings to shape up or they will be let go. They may surprise you.

I feel that HR should recognize their unique role. You can push back on requests from managers and the C-Suite to fire in December if it is not a rare situation that warrants immediate termination.

thoughts?

04/02/2024

Honored to be interviewed by Diane Faulkner for U.S. News & World Report on the timely labor & employment issue of political speech in the workplace.

Free speech rights apply to private workplaces in only very limited circumstances.

02/27/2024

Honored to be quoted in another publication on a cutting edge labor law issue.

The NLRB just ruled that prohibiting an employee from writing 'Black Lives Matter' on his uniform violated his rights to concerted workplace activity. Here's what that means for your business.

01/22/2024

Honored to be quoted in this recent article.

Employers have leeway to fire people for what they say on social media but doing so isn't always the best approach, specialists say.  

12/11/2023

I enjoyed being interviewed about misclassifying workers as independent contractors when they should be employees. Take a listen.

Ricky sits down for a chat with labor and employment attorney, David Miklas. They discussed the stark difference between an employee and a contractor and what leaders should do in order to stay on the right side of the law. David also answers the number one question on everybody’s mind on this hol...

11/29/2023

Going on X or Instagram and disparaging Israelis who are pleading for the return of hostages taken by Hamas may get you fired. Even if you are a lawyer. Even if you are employed by the government (where there is a limited free speech argument). is encountering this stuff and may need to check with legal counsel before terminating, but many terminations will be greenlighted.

Calls for the Dept. Of Veterans Affairs to fire attorney Shekeba Morrad who is under investigation for posting a video mocking Israelis