Kevin Sanderson serves your legal needs throughout all of West Central Florida, including Sarasota, Casey Key, Siesta Key, Longboat Key, Bradenton, North Port, Punta Gorda, Port Charlotte, Fort Myers, Arcadia, Englewood, and Naples.
Kevin F. Sanderson is a graduate of Boston University (B.A., Psychology) and obtained his juris doctor from St. Thomas University School of Law in Miami, FL. He continued his education, obtaining his LL.M. (legal laureate masters) in international taxation and offshore finance, also at St. Thomas University School of Law. Kevin was born and raised in New Jersey.
Mr. Sanderson is a member of the Florida Bar, a member of the bar of the United States District Court for the Middle District of Florida, the United States District Court for the Southern District of Florida, the United States Tax Court, the United States Court of Appeals for the Federal Circuit and the United States Supreme Court.
Most recently, he became licensed in the US District Court in the District of Colorado, which has courts in Denver, Colorado Springs, Grand Junction, and Durango.
Areas of Practice
Mr. Sanderson represents both plaintiffs and defendants in simple and complex civil and commercial litigation. He also handles cases involving unemployment appeals through the Florida Department of Economic Opportunity, non-compete/trade secret litigation, severance agreements, cases of discrimination covered under the Equal Employment Opportunity Commission and/or the Florida Commission on Human Relations, sexual orientation and/or pregnancy discrimination, and administrative appeals for federal, state, and municipal employees. He also handles cases of professional and occupational licensure and certification, including those from the Florida Departments of Law Enforcement, Health, Education, and Business & Professional Regulation.
Kevin is a 2012 graduate of the Gulf Coast Leadership Institute of the Gulf Coast Community Foundation.
- Employment Law
- Estate Planning
- Credit Cards Accepted
- USDC DIst. of Colorado
- USDC Middle District of Florida
- USDC Northern Dist. Florida
- USDC Southern Dist. Florida
- 11th Circuit
- U.S. Supreme Court
- United States Court of Appeals for the Federal Circuit
- United States Tax Court
- English: Spoken, Written
- Merritt & Sanderson, P.A.
- - Current
- Kevin F Sanderson Chartered
- - Current
- Thomas Jefferson School of Law
- International Environmental Law
- St. Thomas University School of Law
- Book Award.
- Florida State Bar # 598488
- - Current
- Sarasota Bar Association
- - Current
- Activities: Member.
- Unemployment Appeals Now handled Through E-Portal For Third Parties
- Sarasota County Bar Association, The Docket
- Intersection of Corporate and Employment Law for Small to Mid Size Businesses, Association of Dance Conventions and Competitions Annual Meeting, Las Vegas, Nevada
- Association of Dance Conventions and Competitions
- Guardian Ad Litem, Family Law Division
- 12th Judical Circuit, Florida
- Q. I work at a food establishment in Florida when I was hired the starting pay was $11 an hour about 6 months ago they wen
- A: Many actions that are fundamentally unfair on their face are not illegal in Florida, unfortunately. You might consider if you are being discriminated against based on a protected class. At this exact moment, it loos like we have an employees market more than at any time in the past 10 years. Talk to them and if they will not match the pay and maybe make up the difference for past hours, look at moving on.
- Q. Can I file my employment discrimination lawsuit at my local area clerk of courts courthouse house
- A: Your local clerk of court is the state court. Yes you can file in local or federal. In state court you sue under state law, in federal you can bring both federal and state claims. You can file a suit yourself to get it started prior to your statue of limitation deadline, but honestly, you will need to find a lawyer soon. These are too complicated to successfully do by yourself.
- Q. I feel I am being mistreated at work because I'm gay. How can I prove discrimination?
- A: Discrimination is often difficult to prove. Since this is civil and not criminal law you need a preponderance of evidence not beyond a reasonable doubt, so while many claimants do not have "conclusive" proof it does not mean a claim is not worth bringing. You are looking for some adverse employment condition wherein you were treated differently ( or as we say disparately) from other employees due to you orientation. Did someone supervising you say or write that they were going to treat you badly because of your orientation.
- Q. Is it considered discrimination if an employee refuses to orient a new hire bc of their national origin?
- A: It is discriminatory. One caution: some courts have held that the employee doing the discriminating must be a supervisor to that employee who makes adverse employment decisions/actions against the employee discriminated against. In other words, lateral co-workers cant discriminate. This is frustrating and not very realistic, but these ruling have been allowed o stand.
- Q. Can an employee be issued a write up off the clock?
- A: We get asked these type of questions often. "Can they......?" The short answer is they usually can. The employment police do not come screaming around the corner just for things we don't like. If actions are discriminatory or retaliatory based on legally protected classes, such as age, race or gender, etc. Then those activities are illegal. But you still have to get someone or an agency to advocate for your rights in that instance.
- Q. I was asked to resign from work due to allegations made against me. My job wont say who,what happened, or when.
- A: We don't know a great deal of info based on the above. However, in general, we advise against resigning. Make them fire you instead if they want you gone. Among other reasons, it is hard to collect unemployment insurance benefits if you quit.
- Q. How is workplace sexual discrimination dealt with?
- A: The Lilly Ledbetter Fair Pay Act was enacted to stop/punish just this action. Unfortunately, at $20 per week in damages, the difference in the pay, realistically a lawyer cannot afford to get involved in the dispute. She should, if she wants to take action, complain in writing to the employer and keep a copy for herself.
- Q. We have an employee on FMLA who is failing and need some advice on how to proceed.
- A: It seems you have engaged in some good practices here. Intermittent FMLA is very difficult on all parties involved, co-workers, employers and employees. You would not want me to answer this further in a public forum even though you have not used your name. Arguably I cannot provide any response when I dont know the identity of the questioner. You may consult with me privately.
- Q. Can an employer fire an employee for being one minute late if they are in the building?
- A: That does sound troubling. When the reason stated for termination of adverse action is not the real reason (such as age discrimination) we call that a pretext.