Intentional torts committed by employees are difficult for employers to both anticipate and protect against. When an employee commits a criminal act against another employee or a third party, the law generally considers whether the employer knew or should have known that the employee posed a danger in deciding whether a duty to protect against
Daniel's practice includes commercial law, insurance defense, and employment-related litigation. He regularly represents employers in a variety of employment claims, including discrimination, retaliation, harassment, wrongful termination, and defamation. Daniel has particular expertise in defending employers against high-profile tort claims based on employee misconduct. His clients include corporate employers, government agencies, and non-profit organizations. Daniel is fluent in Spanish.
On October 5, 2016, the Eleventh Circuit held in Villarreal v. R.J. Reynolds Tobacco Co., that an unsuccessful job applicant cannot sue a prospective employer under the Age Discrimination in Employment Act (ADEA) for a disparate impact claim. In so holding, the Eleventh Circuit reverses its November 30, 2015 decision holding the opposite.