Barry K. Baker

Bar Admissions and Education

Florida Bar (admitted 1999), Georgia Bar (admitted 1998), and all Federal District Courts in Florida. Bachelor of Science degree with major in Aviation Management and minor in Flight Technology from the Florida Institute of Technology 1986 (with Honors). USMC, The Basic School for officers 1987 (with Honors). Designated Naval Aviator (Jet / Strike Qualification) 1989. Aviation Safety Officer Certification from the Naval Postgraduate School 1992. Juris Doctorate from the Florida State University College of law 1997 (with Honors) and selected for membership in Who’s Who Among American Law Students.

Expertise and Public Speaking

Mr. Baker has been a first and second chair litigator for over 20 years. He has litigated a wide variety of employment law claims in state and federal courts involving Title VII of the Civil Rights Act, the Florida Civil Rights Act, the Fair Labor Standards Act, the Family Medical Leave Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Civil Rights Act of 1866. He has also litigated retaliation and whistleblower claims under various state and federal laws. Mr. Baker has extensive experience in the drafting and review of employment contracts, severance agreements, and employer policies and procedures involving employee hiring, termination, discipline, and performance evaluation and improvement plans. His expertise also includes the employer’s internal investigation and resolution of employment claims, as well as the administrative processes involved in responding to charges of discrimination made by claimants through the Equal Employment Opportunity Commission and the Florida Commission on Human Relations. Mr. Baker has also lectured on a national level, conducting day-long employment law seminars for supervisors and managers. In addition to his employment law background, Mr. Baker has extensive experience in business liability claims based on theories of negligence and intentional torts, and has a unique and valuable perspective into how a business can avoid and mitigate their liability exposure to such claims. Mr. Baker has also litigated complex construction matters, including surety bond and construction defect claims on behalf of Zurich N.A., involving multi-million dollar projects. He has also represented insurance carriers in insurance coverage disputes in state and federal courts.

Experience

Mr. Baker’s practice is focused on risk avoidance, pre-litigation resolution, and the litigation of claims when necessary. His experience is detailed below.

Employment Law:

Business consultation regarding employee handbooks, applications, background checks, offers of employment, hiring, discipline, performance monitoring and improvement, termination, and the associated procedures and necessary documentation.

Employer internal investigations and remedial actions regarding claims made by applicants, current employees, and terminated employees under state and federal employment laws.

Responding to charges of discrimination made through state and federal agencies, complying with the associated regulations and administrative procedures, and conducting pre-litigation mediation and conciliation to resolve claims when appropriate.

If necessary, litigating employment law claims in state and federal court through trial.

Commercial Litigation

Complex construction claims including representation of performance surety bond issuers Zurich N.A., Mountbatten Surety Company, and Fidelity and Deposit Company of Maryland in multi-million dollar projects.

Representation of general contractors and subcontractors in construction lien matters, recovery of payments owed, and contract disputes.

Representation of insurers and insureds in coverage disputes and declaratory judgment actions.

Litigated liability claims involving businesses based on theories of negligent maintenance, design, and security.

Organizations

The Florida Bar; State Bar of Georgia; Brevard County Bar Association; Port St. Lucie Bar Association; the Federalist Society; Aircraft Owners and Pilots Association.

Personal Background and Other Professional Achievements

Mr. Baker was born and raised in Brevard County. His family moved to Brevard as a result of his father working at Cape Canaveral on the Atlas Centaur missile program, where he was the launch director for the program for several years. Mr. Baker’s father was also a pilot in the USAF and took him flying in private aircraft from a very young age. This exposure developed Mr. Baker’s love of aviation and his desire to become a pilot. Upon graduation from high school, he entered the Aviation Management and Flight Technology program at the Florida Institute of Technology (FIT). During his time at FIT, Barry earned his commercial pilot’s certificate and a Bachelor of Science degree, with honors. He was also a member of the men’s national championship crew team.

To further his aviation career and, more importantly, serve his country, upon graduation from FIT Mr. Baker was commissioned as an officer in the United States Marine Corps with the goal of becoming a naval aviator. During flight school, he graduated first in his class in the Aviation Indoctrination program, and earned the “Top Hook” award for the highest composite grade during aircraft carrier landing qualifications. Upon earning his wings, Mr. Baker chose to fly the AV-8B Harrier “Jump Jet.” Shortly after completing the training to fly the Harrier, he was deployed on the USS Nassau in support of operations Desert Shield and Desert Storm. During this deployment, Mr. Baker was awarded the Air Medal, Combat Action Ribbon, Navy Achievement Medal, and Kuwaiti Liberation Medal.

During his time in the Marine Corps, Mr. Baker was also assigned as the Group Legal Officer for a unit comprised of approximately 3200 Marines. In this position, he worked with JAG officers, assisted in investigations, made legal recommendations to unit commanders, and performed legal research and brief drafting. While serving in this role, Mr. Baker realized his aptitude for working in the legal field and decided to attend law school. He has been practicing law for the past 21 years and values each and every client and prides himself on open communication, diligence in pursuing a client’s objectives in an efficient manner, and aggressively asserting a client’s legal rights when necessary.