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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s work attorneys file one of the most employment litigation cases in the country, including those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, disparagement, retaliation, rejection of leave, and executive pay disputes.

The office must be a safe location. Unfortunately, some workers are subjected to unreasonable and prohibited conditions by unscrupulous employers. Workers might not know what their rights in the workplace are, or may be afraid of speaking out versus their employer in fear of retaliation. These labor offenses can result in lost earnings and advantages, missed chances for improvement, and excessive stress.

Unfair and inequitable labor practices versus staff members can take many forms, including wrongful termination, discrimination, harassment, refusal to give a reasonable lodging, denial of leave, company retaliation, and wage and hour infractions. Workers who are victim to these and other dishonest practices might not understand their rights, or may be afraid to speak up versus their company for fear of retaliation.

At Morgan & Morgan, our employment lawyers handle a range of civil litigation cases including unreasonable labor practices against staff members. Our attorneys possess the understanding, devotion, and experience needed to represent workers in a wide variety of labor disputes. In truth, Morgan & Morgan has actually been recognized for filing more labor and work cases than any other company.

If you think you might have been the victim of unjust or unlawful treatment in the work environment, contact us by completing our totally free case evaluation kind.

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What Does Labor Law and Employment Law Cover?

Our practice represents individuals who have actually been the victim of:

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, national origin, religious beliefs, age, and special needs).

Harassment (e.g., Sexual Harassment, Hostile Workplace).

Unfair Labor Practices (e.g., denial of salaries, overtime, tip pooling, and job 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 reasons that are unfair or illegal. This is called wrongful termination, wrongful discharge, or wrongful termination.

There are many scenarios that might be grounds for a wrongful termination suit, including:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a staff member who will not do something unlawful for their employer.

If you think you might have been fired without proper cause, our labor and work lawyers might have the ability to help you recover back pay, unpaid earnings, and other types of compensation.

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

It is prohibited to discriminate against a job applicant or staff member on the basis of race, color, religion, sex, national origin, impairment, or age. However, some employers do simply that, leading to a hostile and inequitable workplace where some workers are treated more favorably than others.

Workplace discrimination can take many kinds. Some examples consist of:

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

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

Not supplying equivalent training opportunities for staff members of different religious backgrounds.

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

Firing somebody based upon a safeguarded classification.

What Are Some Examples of Workplace Harassment?

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

Examples of work environment harassment consist of:

Making unwanted remarks about a worker’s look or body.

Telling a repulsive or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial declarations about an employee’s sexual orientation.

Making unfavorable remarks about a worker’s faiths.

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

Making unfavorable remarks or jokes about the age of a worker over the age of 40.

Workplace harassment can likewise take the kind of quid pro quo harassment. This implies that the harassment results in an intangible change in an employee’s work status. For instance, a staff member might be forced to endure sexual harassment from a manager as a condition of their continued work.

Which Industries Have one of the most Overtime and Minimum Wage Violations?

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

However, some employers attempt to cut expenses by rejecting employees their rightful pay through sly approaches. This is called wage theft, job and consists of examples such as:

Paying a worker less than the federal base pay.

Giving a worker “comp time” or hours that can be utilized towards getaway or sick time, rather than overtime pay for hours worked over 40 in a work week.

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

Forcing workers to pay for job tools of the trade or other costs that their employer need to pay.

Misclassifying a worker that ought to be paid overtime as “exempt” by promoting them to a “managerial” position without in fact changing the worker’s task duties.

A few of the most susceptible occupations to overtime and base pay violations include:

IT workers.

Service professionals.

Installers.

Sales representatives.

Nurses and healthcare employees.

Tipped staff members.

Oil and gas field employees.

Call center workers.

Personal bankers, home loan brokers, and AMLs.

Retail employees.

Strippers.

FedEx chauffeurs.

Disaster relief employees.

Pizza shipment drivers.

What Is Employee Misclassification?

There are a number of distinctions in between employees and self-employed workers, job also referred to as independent specialists or consultants. Unlike staff members, who are informed when and where to work, ensured a routine wage quantity, and entitled to staff member advantages, amongst other requirements, independent contractors typically deal with a short-term, agreement basis with a company, and are invoiced for their work. Independent contractors are not entitled to employee benefits, and should file and keep their own taxes, too.

However, recently, some employers have actually abused classification by misclassifying bonafide employees as professionals in an attempt to save cash and circumvent laws. This is most frequently seen amongst “gig economy” employees, such as rideshare chauffeurs and delivery motorists.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent professional to not have to adhere to Equal Job opportunity Commission laws, which prevent work discrimination.

Misclassifying a worker to avoid enrolling them in a health benefits prepare.

Misclassifying workers to avoid paying base pay.

How Is Defamation of Character Defined?

Defamation is typically defined as the act of damaging the reputation of an individual through slanderous (spoken) or libelous (written) comments. When disparagement happens in the office, it has the possible to harm group spirits, produce alienation, or perhaps trigger long-lasting damage to an employee’s career potential customers.

Employers are accountable for putting a stop to damaging gossiping among staff members if it is a regular and recognized incident in the workplace. Defamation of character in the workplace might consist of circumstances such as:

A company making harmful and unfounded claims, such as claims of theft or incompetence, toward a worker throughout a performance review

An employee spreading a damaging report about another employee that causes them to be turned down for a task somewhere else

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

What Is Considered Employer Retaliation?

It is illegal for a business to punish a worker for filing a complaint or claim against their employer. This is thought about employer retaliation. Although employees are lawfully secured against retaliation, it doesn’t stop some employers from punishing an employee who filed a problem in a variety of ways, such as:

Reducing the employee’s income

Demoting the worker

Re-assigning the employee to a less-desirable job

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

Excluding the employee from essential work environment activities such as training sessions

What If a Business Denies a Leave of Absence?

While leave of lack laws differ from state to state, there are a number of federally mandated laws that protect staff members who should take a prolonged amount of time off from work.

Under the Family Medical Leave Act (FMLA), companies should provide unpaid leave time to employees with a certifying family or private medical scenario, such as leave for the birth or adoption of a baby or leave to care for a partner, child, or moms and dad with a major health condition. If certified, workers are entitled to as much as 12 weeks of unsettled leave time under the FMLA without fear of endangering their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties particular securities to existing and previous uniformed service members who might require to be absent from civilian employment for a particular amount of time in order to serve in the militaries.

Leave of absence can be unjustly rejected in a variety of methods, consisting of:

Firing a staff member who took a leave of absence for the birth or adoption of their infant without simply cause

Demoting a worker who took a leave of lack to care for a passing away parent without simply cause

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

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

What Is Executive Compensation?

Executive compensation is the mix of base cash payment, deferred compensation, efficiency rewards, stock alternatives, executive benefits, severance bundles, and more, granted to top-level management staff members. Executive compensation bundles have come under increased examination by regulatory firms and investors alike. If you face a conflict during the settlement of your executive pay package, our lawyers might have the ability to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor legal representatives at Morgan & Morgan have effectively pursued countless labor and work claims for the individuals who need it most.

In addition to our effective track record of representing victims of labor and employment claims, our labor attorneys likewise represent employees before administrative agencies 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 someone you know may have been treated incorrectly by an employer or another employee, do not think twice to call our workplace. To discuss your legal rights and options, fill out our totally free, no-obligation case evaluation kind 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 interactions through e-mail or other work-related platforms.
These documents will help your attorney comprehend the level of your claim and construct your case for payment.

Investigation.
Your attorney and legal team will examine your work environment claim in information to gather the needed proof.
They will look at the files you supply and may also look at employment records, contracts, and other office information.

Negotiation.
Your attorney will work out with the defense, outside of the courtroom, to assist get you the payment you might 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 form.

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