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Henderson Franklin's Employment Law practice group offers clients a full range of employment law services. We represent clients in all aspects of employment-related litigation matters, including claims involving gender, race, national origin, age, and disability discrimination; sexual harassment; wage and hour; and retaliation claims. Attorneys in this practice group prepare and/or revise employee handbooks; non-compete, non-disclosure, and non-solicitation agreements; and other employment contracts. We also provide employment-related counseling and other training services, including seminars for management and staff.

  • Representation and services include:
  • EEOC investigations
  • ADA accessibility compliance
  • FMLA compliance
  • Title VII and civil rights litigation
  • Safe hiring/firing counseling
  • FLSA wage and hour compliance
  • Collective bargaining, including union negotiations/disputes
  • Whistleblower claims

In addition to the full range of employment law services we provide, our clients also benefit from the extensive resources available at Henderson Franklin. For example, attorneys in the employment law practice group draw on the experience of other attorneys within the firm who regularly practice in civil rights litigation, workers' compensation litigation, and business/corporate-related matters that may overlap with employment law issues.
The Employment Law division also hosts an annual seminar, HR Law & Solutions, tailored for Southwest Florida business owners and human resources professionals. The seminar brings attendees up to date on employment law issues and provides practical advice and application.

For further assistance in this practice area, contact Scott Atwood by phone at 239-344-1287 or by email at scott.atwood@henlaw.com. 

Practice Chair

Employment Law

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Henderson, Franklin, Starnes & Holt, P.A. logo

1715 Monroe Street
Post Office Box 280
Fort Myers, FL 33902 Phone: 239-344-1100

Scott is Chair of the firm’s Labor and Employment Law group. From complex labor and employment counseling and litigation to general business matters, he has been representing the interests of entrepreneurs, public entities, and businesses of all sizes throughout the United States, including Florida and Georgia, for more than 25 years.

More specifically, Scott has extensive experience in all aspects of employment law, including Title VII, ADA, ADEA, and Section 1983 discrimination, harassment, and retaliation matters, FMLA leaves issues, and FLSA and state law wage situations. He also assists his clients in whistleblower claims and non-compete, non-solicitation, trade secret, and contract disputes. With regard to general corporate matters, he prepares employment agreements, operating and shareholder agreements, restrictive covenant (non-compete, non-solicitation, confidentiality) agreements, and business contracts.

Scott also brings his expertise as a Florida Supreme Court Certified Circuit Civil Mediator to facilitate a resolution as an alternative to lengthy and expensive litigation. He is the immediate past Chair of the Florida Bar’s Labor and Employment Section, Scott has been extremely active in helping formulate and implement legal policy on both the state and local level. He is admitted to practice in all state and federal courts in Florida, Georgia, and the District of Columbia, including U.S. District Courts for the Southern and Middle Districts of Florida.

In 2022, Scott was again recognized as a Florida Super Lawyer in labor and employment law. In 2020-2022, Naples Illustrated named Scott a “Top Lawyer”. Previously, he was recognized by Atlanta Super Lawyers as a “Rising Star” in labor and employment law. While attending law school, Scott was elected Editor-in-Chief of the Florida Journal of International Law and was awarded the President’s Award for outstanding service to the University. He now serves on the College of Law’s Alumni Council.

Scott also contributes to the Southwest Florida Business and IP Blog. His posts include:

When not working, Scott enjoys spending time with his family, traveling, and watching New England sports.

Professional and Civic Affiliations

Scott devotes countless hours to the community. Currently, he is on the Executive Council (and past President) of the Lee County Bar Association Foundation, is Chair of the Sidney & Berne Davis Arts Center Board of Directors, and is a member of the UF Law Alumni Council. He is also a member of the Greater Fort Myers Chamber of Commerce Leadership Class (2017). 

Scott previously served on the Florida Bar’s Board of Governors, including its Executive Council and Disciplinary Committee; was President of the Florida Bar’s Young Lawyers Division and its Out-of-State Division; was Vice-Chair of the Florida Bar’s Continuing Legal Education Committee; was President of the Lee County Bar Association; and, was Chair of the Small Firm Section of the Atlanta Bar Association. He is a former member of the 20th Judicial Circuit Professionalism Committee, Supreme Court Commission on Professionalism, and the Florida Bar’s inaugural Diversity Committee. Scott also served on the Allocations Committee for Lee County United Way, on the Executive Committee of the Dartmouth Club of Georgia, and was a Barrister in the Calusa Inns of Court.

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Attorneys in Sarasota*

Founded in 1924, Henderson, Franklin, Starnes & Holt, P.A. is one of the largest and most experienced full-service law firms between Tampa and Miami. With over 55 attorneys who live, work and have deep roots in Southwest Florida, Henderson Franklin provides high quality, personalized legal services to a roster of corporate and individual clients.

Founded on a culture of adhering to the highest ethical standards, integrity, and good citizenship, Henderson Franklin upholds these principles while remaining deeply invested in the Southwest Florida community. We act as trusted advisors and partners to our clients throughout every stage of their business.

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Robert C. Shearman serves as chair of the Tort and Insurance Litigation Department, is Board Certified in Civil Trial Law, and is a Florida Supreme Court Certified Civil Mediator. He concentrates his practice in the defense of tort, civil rights, employment, and real estate claims.  

Bob represents public and private entities with respect to constitutional claims, wrongful termination, discrimination, and harassment matters. He also represents law enforcement agencies and officers and serves as attorney for the Lee County Sheriff’s Office Civil Service Board. Additionally, Bob handles civil litigation and administrative actions defending errors and omissions claims for real estate professionals. In addition to litigating in state and federal court, he practices extensively before federal, state and administrative agencies.

Bob provides preventative harassment and discrimination training for employers frequently lectures on law enforcement liability, employment law, real estate, and tort litigation, and has been published in employment law journals. He also is a regular speaker at Henderson Franklin’s HR Law & Solutions educational seminar. Prior to working with Henderson Franklin, Bob practiced maritime law in Miami, Florida, representing vessel insurers, manufacturers, and shipyards.

Throughout his career, Bob has been honored by Florida Super Lawyers® magazine every year since 2012, Best Lawyers in America® (2017-2021), and Florida Trend Magazine’s Legal Elite (2013, 2016-2018). He is married with three children. When not working, he enjoys cycling, golfing, boating and watching Florida State University sports.

Professional and Civic Affiliations

In the community, Bob is a member of the cabinet and Board of Directors of the United Way of Lee, Hendry, Glades, and Okeechobee, Inc. and served as the 2019 Campaign Co-Chair. He was elected to several terms as president of his homeowners’ association and of the Southwest Florida Seminole Club, where he currently serves on the Board of Directors. Bob is an alumnus of Leadership Lee County, a former Big Brother, and served as a trustee of the Calusa Nature Center and Planetarium. He has organized numerous golf and fishing tournaments to benefit local charities.

Bob is a past president of the Southwest Florida Chapter of the Federal Bar Association and a former member of the Inns of Court, Calusa Chapter.

Scott is Chair of the firm's Labor and Employment Law group. From complex labor and employment counseling and litigation to general business matters, he has been representing the interests of entrepreneurs, public entities, and businesses of all sizes throughout the United States, including Florida and Georgia, for more than 25 years.

More specifically, Scott has extensive experience in all aspects of employment law, including Title VII, ADA, ADEA, and Section 1983 discrimination, harassment, and retaliation matters, FMLA leaves issues, and FLSA and state law wage situations. He also assists his clients in whistleblower claims and non-compete, non-solicitation, trade secret, and contract disputes. With regard to general corporate matters, he prepares employment agreements, operating and shareholder agreements, restrictive covenant (non-compete, non-solicitation, confidentiality) agreements, and business contracts.

Scott also brings his expertise as a Florida Supreme Court Certified Circuit Civil Mediator to facilitate a resolution as an alternative to lengthy and expensive litigation. As Chair-elect of the Florida Bar's Labor and Employment Section, Scott is extremely active in helping formulate and implement legal policy on both the state and local level. He is admitted to practice in all state and federal courts in Florida, Georgia, and the District of Columbia, including U.S. District Courts for the Southern and Middle Districts of Florida.

Scott has repeatedly been recognized as a Florida Super Lawyer in labor and employment law. In 2020, Naples Illustrated named Scott a "Top Lawyer". Previously, he was recognized by Atlanta Super Lawyers as a "Rising Star" in labor and employment law. While attending law school, Scott was elected Editor-in-Chief of the Florida Journal of International Law and was awarded the President's Award for outstanding service to the University. He now serves on the College of Law's Alumni Council.

Scott also contributes to the Southwest Florida Business and IP Blog. His posts include:

When not working, Scott enjoys spending time with his family, traveling, and watching New England sports.

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Professional and Civic Affiliations

Scott devotes countless hours to the community. Currently, he is on the Executive Council (and past President) of the Lee County Bar Association Foundation, is Chair of the Sidney & Berne Davis Arts Center Board of Directors, and is a member of the UF Law Alumni Council. He is also a member of the Greater Fort Myers Chamber of Commerce Leadership Class (2017). 

Scott previously served on the Florida Bar's Board of Governors, including its Executive Council and Disciplinary Committee; was President of the Florida Bar's Young Lawyers Division and its Out-of-State Division; was Vice-Chair of the Florida Bar's Continuing Legal Education Committee; was President of the Lee County Bar Association; and, was Chair of the Small Firm Section of the Atlanta Bar Association. He is a former member of the 20th Judicial Circuit Professionalism Committee, Supreme Court Commission on Professionalism, and the Florida Bar’s inaugural Diversity Committee. Scott also served on the Allocations Committee for Lee County United Way, on the Executive Committee of the Dartmouth Club of Georgia, and was a Barrister in the Calusa Inns of Court.

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