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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment lawyers submit one of the most work litigation cases in the country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, job worker misclassification, defamation, retaliation, rejection of leave, and executive pay disagreements.

The work environment should be a safe location. Unfortunately, some employees undergo unreasonable and illegal conditions by dishonest companies. Workers might not understand what their rights in the office are, or might be scared of speaking out versus their company in worry of retaliation. These labor infractions can result in lost wages and advantages, missed out on opportunities for development, and undue tension.

Unfair and discriminatory labor practices versus employees can take numerous types, including wrongful termination, discrimination, harassment, rejection to provide a sensible lodging, denial of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices might not know their rights, or may be afraid to speak out versus their employer for worry of retaliation.

At Morgan & Morgan, our employment attorneys manage a variety of civil lawsuits cases involving unreasonable labor practices against workers. Our lawyers have the understanding, commitment, and experience required to represent employees in a vast array of labor disputes. In reality, Morgan & Morgan has actually been acknowledged for filing more labor and employment cases than any other firm.

If you think you may have been the victim of unreasonable or unlawful treatment in the workplace, call us by completing our totally free case examination type.

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If we take on the case, our team fights to get you the results you are worthy of.

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FAQ

Get answers to commonly asked questions about our legal services and find out how we might assist you with your case.

What Does Labor Law and Employment Law Cover?

Our practice represents people who have been the victim of:

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, nationwide origin, religion, age, and impairment).

Harassment (e.g., Unwanted sexual advances, Hostile Work Environment).

Unfair Labor Practices (e.g., rejection of incomes, overtime, tip pooling, and equivalent pay).

Misclassification.

Retaliation.

Denial of Leave (e.g. Family and Medical Leave Act).

Reemployment Rights Act (USERRA).

Americans with Disability Act declares.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes workers are release for reasons that are unreasonable or illegal. This is termed wrongful termination, wrongful discharge, or wrongful termination.

There are lots of scenarios that might be premises for a wrongful termination lawsuit, consisting of:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who won’t do something prohibited for their company.

If you think you might have been fired without proper cause, our labor and employment lawyers may have the ability to assist you recuperate back pay, unsettled earnings, and job other types of compensation.

What Are one of the most Common Forms of Workplace Discrimination?

It is illegal to victimize a task candidate or employee on the basis of race, color, religious beliefs, sex, nationwide origin, special needs, or age. However, some companies do simply that, resulting in a hostile and inequitable office where some employees are treated more positively than others.

Workplace discrimination can take many forms. Some examples include:

Refusing to employ somebody on the basis of their skin color.

Passing over a qualified female staff member for a promotion in favor of a male employee with less experience.

Not offering equivalent training chances for employees of various spiritual backgrounds.

Imposing job eligibility criteria that intentionally evaluates out individuals with disabilities.

Firing someone based upon a protected category.

What Are Some Examples of Workplace Harassment?

When workers go through slurs, assaults, dangers, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, office harassment produces a hostile and abusive workplace.

Examples of work environment harassment consist of:

Making undesirable comments about an employee’s appearance or body.

Telling a vulgar or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial declarations about an employee’s sexual preference.

Making negative remarks about a worker’s spiritual beliefs.

Making prejudicial declarations about a worker’s birthplace or household heritage.

Making negative remarks or jokes about the age of an employee over the age of 40.

Workplace harassment can likewise take the form of quid professional quo harassment. This implies that the harassment leads to an intangible change in a worker’s work status. For instance, an employee may be required to tolerate sexual harassment from a supervisor as a condition of their continued employment.

Which Industries Have one of the most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) developed particular workers’ rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt staff members.

However, some employers try to cut expenses by denying employees their rightful pay through deceiving methods. This is called wage theft, and consists of examples such as:

Paying an employee less than the federal minimum wage.

Giving an employee “comp time” or hours that can be utilized toward vacation or sick time, rather than overtime spend for job hours worked over 40 in a work week.

Forcing tipped employees to pool their pointers with non-tipped workers, such as managers or cooks.

Forcing employees to pay for tools of the trade or other expenses that their employer need to pay.

Misclassifying a worker that should be paid overtime as “exempt” by promoting them to a “supervisory” position without in fact altering the worker’s job responsibilities.

A few of the most vulnerable occupations to overtime and minimum wage violations consist of:

IT workers.

Service professionals.

Installers.

Sales representatives.

Nurses and health care workers.

Tipped workers.

Oil and gas field workers.

Call center employees.

Personal bankers, home mortgage brokers, and AMLs.

Retail employees.

Strippers.

FedEx drivers.

Disaster relief workers.

Pizza delivery motorists.

What Is Employee Misclassification?

There are a variety of distinctions in between employees and self-employed employees, also called independent professionals or specialists. Unlike employees, who are informed when and where to work, ensured a routine wage amount, and entitled to employee benefits, among other criteria, independent professionals generally work on a short-term, contract basis with a service, job and are invoiced for their work. Independent professionals are not entitled to employee advantages, and need to file and withhold their own taxes, also.

However, in the last few years, some companies have abused category by misclassifying bonafide staff members as contractors in an attempt to save money and prevent laws. This is most frequently seen amongst “gig economy” workers, such as rideshare chauffeurs and shipment motorists.

Some examples of misclassifications include:

Misclassifying an employee as an independent contractor to not have to abide by Equal Employment Opportunity Commission laws, which avoid employment discrimination.

Misclassifying an employee to prevent enrolling them in a health benefits plan.

Misclassifying workers to avoid paying minimum wage.

How Is Defamation of Character Defined?

Defamation is usually specified as the act of damaging the reputation of an individual through slanderous (spoken) or false (written) comments. When libel takes place in the work environment, it has the potential to hurt group spirits, create alienation, or perhaps trigger long-lasting damage to an employee’s profession prospects.

Employers are responsible for putting a stop to damaging gossiping among staff members if it is a regular and recognized incident in the work environment. Defamation of character in the work environment might include instances such as:

An employer making damaging and unproven accusations, such as claims of theft or incompetence, towards an employee during a performance evaluation

An employee spreading a hazardous report about another staff member that causes them to be rejected for a job elsewhere

A worker spreading chatter about an employee that triggers other coworkers to prevent them

What Is Considered Employer Retaliation?

It is prohibited for a company to punish a staff member for submitting a grievance or lawsuit versus their company. This is thought about company retaliation. Although employees are lawfully protected against retaliation, it does not stop some employers from punishing a staff member who submitted a grievance in a range of methods, such as:

Reducing the employee’s wage

Demoting the employee

Re-assigning the employee to a less-desirable job

Re-assigning the worker to a shift that creates a work-family dispute

Excluding the worker from vital work environment activities such as training sessions

What If a Business Denies a Leave of Absence?

While leave of lack laws vary from state to state, there are a number of federally mandated laws that safeguard workers who must take an extended amount of time off from work.

Under the Family Medical Leave Act (FMLA), companies must use unpaid leave time to staff members with a qualifying household or specific medical circumstance, such as leave for the birth or adoption of an infant or leave to take care of a spouse, child, or parent with a major health condition. If qualified, workers are entitled to as much as 12 weeks of unsettled leave time under the FMLA without worry of jeopardizing their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances certain defenses to existing and previous uniformed service members who may require to be missing from civilian work for a certain period of time in order to serve in the militaries.

Leave of lack can be unjustly denied in a variety of methods, consisting of:

Firing a worker who took a leave of absence for the birth or adoption of their baby without simply cause

Demoting a staff member who took a leave of absence to look after a dying parent without simply cause

Firing a re-employed service member who took a leave of lack to serve in the militaries without just cause

Retaliating versus a current or former service member who took a leave of absence to serve in the militaries

What Is Executive Compensation?

is the combination of base cash settlement, delayed compensation, efficiency bonuses, stock options, executive benefits, severance plans, and more, awarded to high-level management workers. Executive compensation plans have come under increased examination by regulative companies and investors alike. If you face a dispute during the negotiation of your executive pay package, our lawyers may have the ability to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor attorneys at Morgan & Morgan have effectively pursued thousands of labor and employment claims for the individuals who require it most.

In addition to our effective track record of representing victims of labor and work claims, our labor attorneys also represent workers before administrative firms such as the Equal Job Opportunity Commission (EEOC), Department of Labor (DOL), Occupational Safety and Health Administration (OSHA), and National Labor Relations Board (NLRB).

If you or somebody you know might have been treated poorly by a company or another employee, do not hesitate to contact our office. To discuss your legal rights and alternatives, submit our totally free, no-obligation case evaluation form now.

What Does a Work Attorney Do?

Documentation.
First, your appointed legal team will gather records related to your claim, including your agreement, time sheets, and communications by means of email or other work-related platforms.
These documents will help your attorney comprehend the level of your claim and build your case for payment.

Investigation.
Your lawyer and legal team will investigate your office claim in fantastic detail to collect the required proof.
They will look at the files you offer and might also look at employment records, contracts, and other work environment data.

Negotiation.
Your attorney will work out with the defense, beyond the courtroom, to help get you the payment you may be entitled to.
If settlement negotiations are not successful, your attorney is prepared to go to trial and present your case in the greatest possible type.

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