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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment attorneys file one of the most work lawsuits cases in the nation, including those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, character assassination, retaliation, rejection of leave, and executive pay conflicts.

The office needs to be a safe place. Unfortunately, some workers go through unfair and unlawful conditions by unscrupulous employers. Workers may not understand what their rights in the workplace are, or may hesitate of speaking up versus their company in worry of retaliation. These labor infractions can cause lost earnings and benefits, missed opportunities for improvement, and unnecessary tension.

Unfair and prejudiced labor practices against staff members can take numerous forms, including wrongful termination, discrimination, harassment, refusal to provide an affordable lodging, rejection of leave, employer retaliation, and wage and hour infractions. Workers who are victim to these and other dishonest practices may not know their rights, or might hesitate to speak up against their company for worry of retaliation.

At Morgan & Morgan, our work lawyers deal with a variety of civil litigation cases involving unreasonable labor practices against workers. Our attorneys have the knowledge, devotion, and experience required to represent employees in a wide variety of labor conflicts. In reality, Morgan & Morgan has actually been acknowledged for submitting more labor and work cases than any other firm.

If you believe you may have been the victim of unfair or illegal treatment in the office, contact us by finishing our complimentary case evaluation form.

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FAQ

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What Does Labor Law and employment Employment Law Cover?

Our practice represents people who have been the victim of:

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, nationwide origin, religious beliefs, age, and disability).

Harassment (e.g., Unwanted sexual advances, Hostile Workplace).

Unfair Labor Practices (e.g., rejection of salaries, overtime, idea 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 staff members are let go for factors that are unjust or unlawful. This is called wrongful termination, wrongful discharge, or wrongful termination.

There are numerous circumstances that may be grounds for a wrongful termination claim, consisting of:

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who won’t do something unlawful for their company.

If you believe you might have been fired without proper cause, our labor and work lawyers may have the ability to assist you recover back pay, overdue wages, and other kinds of payment.

What Are the Most Common Forms of Workplace Discrimination?

It is unlawful to victimize a job applicant or employee on the basis of race, color, religious beliefs, sex, nationwide origin, disability, or age. However, some employers do simply that, resulting in a hostile and inequitable work environment where some employees are treated more favorably than others.

Workplace discrimination can take many types. Some examples include:

Refusing to work with someone on the basis of their skin color.

Passing over a certified female worker for a promo in favor of a male employee with less experience.

Not supplying equivalent training opportunities for workers of different religious backgrounds.

Imposing task eligibility requirements that intentionally evaluates out people with disabilities.

Firing someone based upon a safeguarded category.

What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, attacks, hazards, ridicule, offending jokes, unwanted sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, work environment harassment produces a hostile and abusive work environment.

Examples of work environment harassment include:

Making unwelcome comments about a worker’s look or body.

Telling a vulgar or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial declarations about a worker’s sexual preference.

Making negative remarks about an employee’s religions.

Making prejudicial declarations about a staff member’s birthplace or family heritage.

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

Workplace harassment can likewise take the type of quid pro quo harassment. This indicates that the harassment results in an intangible modification in an employee’s work status. For example, an employee may be forced to endure unwanted sexual advances from a manager as a condition of their continued work.

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

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

However, some companies attempt to cut costs by rejecting workers their rightful pay through sly techniques. This is called wage theft, and consists of examples such as:

Paying a worker less than the federal minimum wage.

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

Forcing tipped workers to pool their tips with non-tipped workers, such as supervisors or cooks.

Forcing workers to pay for tools of the trade or other expenses that their company need to pay.

Misclassifying a worker that must be paid overtime as “exempt” by promoting them to a “managerial” position without really changing the worker’s job responsibilities.

Some of the most vulnerable occupations to overtime and base pay infractions consist of:

IT workers.

Service professionals.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped staff members.

Oil and gas field workers.

Call center employees.

Personal lenders, home loan brokers, and AMLs.

Retail staff members.

Strippers.

FedEx motorists.

Disaster relief employees.

Pizza shipment motorists.

What Is Employee Misclassification?

There are a number of distinctions in between staff members and self-employed workers, also known as independent contractors or specialists. Unlike employees, who are informed when and where to work, ensured a routine wage quantity, and entitled to worker advantages, amongst other requirements, independent contractors usually work on a short-term, contract basis with a business, and are invoiced for their work. Independent specialists are not entitled to worker benefits, and employment should submit and withhold their own taxes, as well.

However, over the last few years, some companies have actually abused classification by misclassifying bonafide workers as specialists in an effort to save cash and prevent laws. This is most commonly seen amongst “gig economy” employees, such as rideshare motorists and shipment drivers.

Some examples of misclassifications consist of:

Misclassifying a worker as an independent professional to not have to abide by Equal Employment Opportunity Commission laws, which avoid work discrimination.

Misclassifying an employee to prevent enrolling them in a health advantages prepare.

Misclassifying employees to prevent paying minimum wage.

How Is Defamation of Character Defined?

Defamation is normally defined as the act of harming the credibility of a person through slanderous (spoken) or disparaging (written) remarks. When defamation takes place in the office, it has the prospective to damage group spirits, produce alienation, or perhaps trigger long-lasting damage to an employee’s career potential customers.

Employers are accountable for stopping harmful gossiping among employees if it is a routine and known occurrence in the work environment. Defamation of character in the work environment may include circumstances such as:

An employer making hazardous and unfounded accusations, such as claims of theft or incompetence, towards an employee during a performance review

A worker spreading out a hazardous rumor about another worker that causes them to be denied for a task somewhere else

A staff member spreading chatter about a worker that triggers other colleagues to avoid them

What Is Considered Employer Retaliation?

It is unlawful for a business to punish a staff member for employment submitting a complaint or suit versus their employer. This is thought about company retaliation. Although employees are legally protected versus retaliation, it doesn’t stop some employers from punishing a worker who filed a complaint in a range of methods, such as:

Reducing the worker’s salary

Demoting the worker

Re-assigning the worker to a less-desirable task

the worker to a shift that produces a work-family dispute

Excluding the worker from essential office activities such as training sessions

What If a Company Denies a Leave of Absence?

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

Under the Family Medical Leave Act (FMLA), companies must provide overdue leave time to employees with a qualifying household or specific medical circumstance, such as leave for the birth or adoption of a child or delegate take care of a spouse, child, or moms and dad with a serious health condition. If qualified, workers are entitled to approximately 12 weeks of overdue leave time under the FMLA without worry of threatening their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees certain protections to existing and previous uniformed service members who may need to be absent from civilian employment for a particular amount of time in order to serve in the armed forces.

Leave of absence can be unjustly denied in a number of ways, consisting of:

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

Demoting an employee who took a leave of absence to look after a passing away parent without just cause

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

Retaliating against an existing or previous service member who took a leave of lack to serve in the armed forces

What Is Executive Compensation?

Executive settlement is the combination of base cash payment, delayed settlement, efficiency benefits, stock options, executive benefits, severance bundles, and more, granted to top-level management staff members. Executive settlement bundles have come under increased scrutiny by regulatory firms and shareholders alike. If you face a dispute throughout the negotiation of your executive pay package, our attorneys may have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor attorneys at Morgan & Morgan have actually effectively pursued thousands of labor and work claims for the people who need it most.

In addition to our effective track record of representing victims of labor and employment claims, our labor lawyers likewise represent workers before administrative companies 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 understand might have been treated incorrectly by an employer or another worker, do not be reluctant to contact our workplace. To discuss your legal rights and choices, fill out our complimentary, no-obligation case evaluation form now.

What Does an Employment Attorney Do?

Documentation.
First, your designated legal group will gather records associated with your claim, including your contract, time sheets, and communications by means of email or other job-related platforms.
These files will help your lawyer comprehend the extent of your claim and develop your case for settlement.

Investigation.
Your attorney and employment legal group will investigate your workplace claim in great information to collect the required evidence.
They will take a look at the files you provide and may also take a look at employment records, agreements, and other workplace data.

Negotiation.
Your lawyer will negotiate with the defense, beyond the courtroom, to assist get you the compensation you may be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the greatest possible form.

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