Michael P. Schuette
Michael P. Schuette
Attorney
EDUCATION
Stetson University College of Law, J.D. (manga cum laude) (2013)
University of Florida, B.A. (2010)
HONORS
ADMISSIONS
Florida (2013)
United States Court of Appeals for the Eleventh Circuit (2020)
U.S. District Court for the Middle District of Florida (2013)
U.S. District Court for the Southern District of Florida (2015)
U.S. District Court for the Northern District of Florida (2016)
U.S. District Court for the Western District of Texas (2020)
U.S. District Court for the Eastern District of Arkansas (2022)
U.S. District Court for the Western District of Arkansas (2022)
U.S. District Court for the Northern District of Ohio (2022)
U.S. District Court for the District of Colorado (2022)
U.S. District Court for the Western District of Pennsylvania (2023)
Michael P. Schuette was born and raised in Pinellas County, Florida. He stayed in Florida for college and returned home to Pinellas County for law school (Stetson University in Gulfport, Florida) At Stetson, Michael was a member of the Stetson Law Review, Vice President of the Employment Law Society, and graduated in the top 3% of his class.
Michael has practiced law in the Tampa Bay area for nearly a decade. Michael started his career with a small Tampa Bay law firm and helped develop the firm’s employment law practice group. Before joining Cantrell Schuette, P.A., Michael moved to a national, mid-sized law firm where he litigated hundreds (if not a 1,000+) case across the country.
As a husband and father of 2, Michael understands the importance of being treated respectfully at work and the difficulties families face when an employee is not fairly paid, treated poorly at work, wrongfully terminated, or harassed. As a result, Michael regularly represents employees (individually and as a collective group), franchisees, companies (small and large), and entrepreneurs in state and federal court in complex employment law litigation under the Fair Labor Standards Act, Family and Medical Leave Act, the Florida Minimum Wage Act, and other contractual matters. Michael’s practice includes investigating and counseling clients regarding unpaid overtime and minimum wage violations, employee misclassification issues, medical leave laws, retaliation, wrongful discharge, and unpaid commissions and bonuses. Michael handles single-plaintiff and class/collective action cases in federal district courts, federal bankruptcy courts, state courts, and arbitration.
Michael also assists franchisees, companies (small and large), and entrepreneurs with commercial litigation and business disputes. Michael assists with contract disputes, disputes between business partners including “business divorces,” enforcement of or defense against restrictive covenants (non-compete, non-solicit, and non-disclosure/confidentiality agreements), unfair business practices, and defamation or slander that tarnishes the reputation of the business or its employees.
REPRESENTATIVE MATTERS
Restrictive Covenants, Non-Competes, and Trade Secrets
- Successfully defended a former employee accused of violating non-compete and non-solicitation restrictive covenants. Following summary judgment, obtained a substantial settlement to recoup the former employee’s attorneys’ fees and costs incurred in defending the matter.
- Successfully obtained substantial monetary recovery and a stipulated injunction on behalf of a small business against a former co-owner and his new company that violated non-compete, non-solicitation of clients, and non-solicitation of vendor covenants.
- Successfully negotiated a settlement on behalf of a former sales executive accused of violating various restrictive covenants that allowed the former sales executive to operate a competing business.
Wage & Hour (Minimum Wage and Overtime) Cases
- Successfully obtained multiple mid-five figure settlements for restaurant serves where employer required the servers to engage in an illegal tip pool with management and back of house staff.
- Successfully obtained five-figure settlement for employee paid overtime at half rate, rather than one- and one-half rate (a/k/a Chinese overtime) because the employee was not paid a fixed salary.
- Successfully obtained five-figure settlement for employee paid overtime at half rate, rather than one and one-half rate (a/k/a Chinese overtime) because the employee was not paid a fixed salary.
- Successfully obtained five-figure settlement for a commissioned sales employee who was not paid for overtime because the employee’s regular pay rate did not exceed one- and one-half minimum wage.
- Successfully obtained five-figure settlement for an employee misclassified as an independent contractor.
- Successfully obtained five-figure settlement for employee despite her employment agreement containing a provision where she agreed she was not entitled to overtime pay.
Wrongful Termination (Retaliation & Medical Leave) Cases
- Successfully obtained five-figure settlement for employee who was disciplined, and later terminated for, complaints made to management about off the clock work and unpaid overtime.
- Successfully obtained five-figure settlement for employee terminated two weeks after returning from medical leave.
Appellate Matters
- Successfully defended against attempt to overturn district court order requiring parties to arbitrate the dispute.
- Successfully defended against attempt to overturn district court order dismissing lawsuit.