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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 country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, defamation, retaliation, denial of leave, and executive pay conflicts.

The work environment ought to be a safe place. Unfortunately, some workers go through unfair and unlawful conditions by unscrupulous companies. Workers may not understand what their rights in the work environment are, or may hesitate of speaking out against their company in worry of retaliation. These labor infractions can lead to lost earnings and benefits, missed opportunities for improvement, and excessive tension.

Unfair and discriminatory labor practices versus staff members can take lots of types, consisting of wrongful termination, discrimination, harassment, rejection to give a sensible accommodation, 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 be scared to speak up against their employer for worry of retaliation.

At Morgan & Morgan, our employment lawyers handle a range of civil lawsuits cases involving unjust labor practices against workers. Our attorneys possess the knowledge, dedication, and experience required to represent employees in a wide variety of labor disputes. In reality, Morgan & Morgan has been recognized for submitting more labor and employment cases than any other firm.

If you believe you may have been the victim of unreasonable or prohibited treatment in the office, call us by finishing our complimentary case assessment kind.

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FAQ

Get answers to frequently asked questions about our legal services and discover how we may assist you with your case.

What Does Labor Law and Employment Law Cover?

Our practice represents individuals who have been the victim of:

Wrongful Termination.

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

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

Unfair Labor Practices (e.g., rejection of wages, overtime, suggestion pooling, and equal pay).

Misclassification.

Retaliation.

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

Reemployment Rights Act (USERRA).

Americans with Disability Act claims.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

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

There are numerous scenarios that may be premises for a wrongful termination claim, consisting of:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who won’t do something prohibited for their employer.

If you think you may have been fired without proper cause, our labor and employment attorneys may have the ability to assist you recover back pay, unpaid earnings, and other types of compensation.

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

It is unlawful to victimize a task applicant or employee on the basis of race, color, religion, sex, national origin, special needs, or age. However, some employers do just that, leading to a hostile and inequitable office where some employees 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 qualified female worker for a promotion in favor of a male staff member with less experience.

Not offering equal training opportunities for employees of different spiritual backgrounds.

Imposing job eligibility criteria that intentionally evaluates out people with specials needs.

Firing someone based upon a protected classification.

What Are Some Examples of Workplace Harassment?

When employees undergo slurs, attacks, dangers, ridicule, offensive jokes, unwelcome sexual advances, or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, office harassment produces a hostile and abusive work environment.

Examples of work environment harassment include:

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

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial declarations about a worker’s sexual orientation.

Making negative comments about a worker’s faiths.

Making prejudicial statements about an employee’s birth place 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 type of quid professional quo harassment. This indicates that the harassment results in an intangible change in a staff member’s work status. For example, an employee might be required to tolerate unwanted sexual advances from a manager as a condition of their continued work.

Which Industries Have the Most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) established particular employees’ rights, consisting of 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 workers.

However, some employers attempt to cut expenses by denying employees their rightful pay through deceitful approaches. This is called wage theft, and includes examples such as:

Paying a worker less than the federal base pay.

Giving a worker “comp time” or hours that can be utilized toward trip or sick time, instead of overtime spend for hours worked over 40 in a work week.

Forcing tipped employees to pool their ideas with non-tipped employees, somalibidders.com such as managers or cooks.

Forcing workers to spend for tools of the trade or other expenditures that their employer should pay.

Misclassifying an employee that should be paid overtime as “exempt” by promoting them to a “supervisory” position without actually changing the worker’s job tasks.

A few of the most vulnerable professions to overtime and minimum wage offenses include:

IT employees.

Service service technicians.

Installers.

Sales agents.

Nurses and healthcare employees.

Tipped employees.

Oil and gas field workers.

Call center workers.

Personal lenders, home mortgage brokers, and AMLs.

Retail workers.

Exotic dancers.

FedEx chauffeurs.

Disaster relief workers.

Pizza shipment motorists.

What Is Employee Misclassification?

There are a number of differences between employees and self-employed employees, also understood as independent specialists or consultants. Unlike employees, who are informed when and where to work, guaranteed a regular wage quantity, and entitled to worker benefits, amongst other criteria, independent contractors generally work on a short-term, agreement basis with an organization, referall.us and are invoiced for their work. Independent professionals are not entitled to employee benefits, and need to file and withhold their own taxes, also.

However, over the last few years, some employers have actually abused classification by misclassifying bonafide workers as specialists in an attempt to save cash and circumvent laws. This is most frequently seen among “gig economy” workers, such as rideshare motorists and shipment chauffeurs.

Some examples of misclassifications include:

Misclassifying a worker as an independent specialist to not need to comply with Equal Employment Opportunity Commission laws, which prevent work discrimination.

Misclassifying an employee to avoid registering them in a health benefits plan.

Misclassifying employees to avoid paying out base pay.

How Is Defamation of Character Defined?

Defamation is normally defined as the act of damaging the track record of an individual through slanderous (spoken) or defamatory (written) remarks. When character assassination occurs in the office, it has the possible to harm team morale, produce alienation, or perhaps trigger long-term damage to an employee’s career potential customers.

Employers are accountable for putting a stop to harmful gossiping amongst employees if it is a regular and known occurrence in the office. Defamation of character in the work environment might include instances such as:

An employer making hazardous and unfounded accusations, such as claims of theft or incompetence, towards a staff member throughout an efficiency evaluation

A staff member spreading a hazardous report about another staff member that causes them to be rejected for a task in other places

An employee dispersing gossip about an employee that causes other colleagues to avoid them

What Is Considered Employer Retaliation?

It is unlawful for a business to punish a staff member for filing a grievance or suit versus their company. This is thought about company retaliation. Although workers are legally safeguarded versus retaliation, it doesn’t stop some companies from punishing an employee who filed a grievance in a range of ways, such as:

Reducing the employee’s income

Demoting the worker

Re-assigning the worker to a less-desirable job

Re-assigning the worker to a shift that develops a work-family conflict

Excluding the employee from vital work environment 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 protect employees who must take a prolonged 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 individual medical scenario, such as leave for the birth or adoption of a baby or leave to look after a spouse, child, or parent with a severe health condition. If qualified, workers are entitled to as much as 12 weeks of overdue leave time under the FMLA without worry of jeopardizing their job status.

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

Leave of absence can be unjustly rejected in a number of ways, including:

Firing an employee who took a leave of absence for the birth or adoption of their baby without just cause

Demoting a worker 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 absence to serve in the militaries without simply cause

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

What Is Executive Compensation?

Executive payment is the of base cash compensation, delayed payment, efficiency benefits, stock alternatives, executive advantages, severance bundles, and more, granted to top-level management workers. Executive compensation plans have actually come under increased scrutiny by regulative agencies and investors alike. If you deal with a conflict during the settlement of your executive pay plan, our attorneys may be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor attorneys at Morgan & Morgan have effectively pursued countless labor and work claims for individuals who require it most.

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

If you or someone you understand may have been dealt with incorrectly by an employer or another staff member, do not be reluctant to call our office. To discuss your legal rights and alternatives, complete our complimentary, no-obligation case review type now.

What Does a Work Attorney Do?

Documentation.
First, your designated legal team will collect records connected to your claim, including your contract, time sheets, and interactions via email or other work-related platforms.
These documents will help your attorney understand the extent of your claim and construct your case for payment.

Investigation.
Your lawyer and legal team will examine your workplace claim in terrific detail to collect the needed evidence.
They will look at the files you offer and may also look at work records, agreements, and other office data.

Negotiation.
Your attorney will work out with the defense, outside of the courtroom, to assist get you the compensation 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 kind.

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