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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s work lawyers file one of the most work lawsuits cases in the nation, including those including wrongful termination, discrimination, harassment, wage theft, employee misclassification, defamation, retaliation, rejection of leave, and executive pay disagreements.

The workplace must be a safe location. Unfortunately, some employees are subjected to unfair and illegal conditions by dishonest employers. Workers may not know what their rights in the work environment are, or might be afraid of speaking up against their employer in worry of retaliation. These labor violations can lead to lost earnings and benefits, missed chances for improvement, and undue stress.

Unfair and discriminatory labor practices versus staff members can take many forms, consisting of wrongful termination, discrimination, harassment, refusal to give a reasonable accommodation, rejection of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices may not know their rights, or might hesitate to speak out versus their company for worry of retaliation.

At Morgan & Morgan, our employment attorneys manage a range of civil lawsuits cases including unreasonable labor practices versus employees. Our attorneys have the knowledge, dedication, and experience required to represent employees in a large range of labor conflicts. In fact, Morgan & Morgan has actually been recognized for filing more labor and employment cases than any other firm.

If you believe you may have been the victim of unjust or unlawful treatment in the workplace, contact us by completing our free case examination type.

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FAQ

Get answers to typically asked questions about our legal services and learn how we might assist you with your case.

What Does Labor Law and Employment Law Cover?

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

Wrongful Termination.

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

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

Unfair Labor employment Practices (e.g., rejection of earnings, 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 employees are release for factors that are unjust or unlawful. This is described wrongful termination, wrongful discharge, or wrongful dismissal.

There are numerous scenarios that may be grounds for a wrongful termination suit, including:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a staff member who won’t do something illegal for their employer.

If you think you may have been fired without correct cause, our labor and work lawyers may have the ability to help you recuperate back pay, unpaid wages, and other forms of payment.

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

It is prohibited to victimize a task candidate or worker on the basis of race, color, faith, sex, national origin, special needs, or age. However, some companies do just that, causing a hostile and inequitable work environment where some employees are dealt with more favorably than others.

Workplace discrimination can take numerous types. Some examples include:

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

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

Not supplying equivalent training opportunities for employees of various religious backgrounds.

Imposing job eligibility requirements that intentionally screens out people with specials needs.

Firing somebody based upon a secured classification.

What Are Some Examples of Workplace Harassment?

When employees undergo slurs, attacks, risks, 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, office harassment produces a hostile and violent workplace.

Examples of workplace harassment consist of:

Making unwelcome comments 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 preference.

Making negative remarks about a staff member’s spiritual beliefs.

Making prejudicial statements about an employee’s birthplace or family heritage.

Making negative comments or jokes about the age of a staff member over the age of 40.

Workplace harassment can likewise take the form of quid pro quo harassment. This implies that the harassment results in an intangible modification in an employee’s work status. For example, an employee may be forced to tolerate sexual harassment from a supervisor 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) established certain employees’ rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and overtime spend for all hours worked over 40 in a workweek for non-exempt employees.

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

Paying an employee less than the federal minimum wage.

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

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

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

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

A few of the most susceptible professions to overtime and base pay offenses consist of:

IT employees.

Service service technicians.

Installers.

Sales agents.

Nurses and healthcare employees.

Tipped employees.

Oil and gas field workers.

Call center workers.

Personal bankers, home loan brokers, and AMLs.

Retail workers.

Exotic dancers.

FedEx chauffeurs.

Disaster relief workers.

Pizza delivery chauffeurs.

What Is Employee Misclassification?

There are a number of distinctions in between staff members and self-employed employees, likewise called independent specialists or consultants. Unlike staff members, who are informed when and where to work, ensured a regular wage amount, and entitled to employee benefits, amongst other criteria, independent professionals normally deal with a short-term, agreement basis with a service, and are invoiced for their work. Independent contractors are not entitled to staff member benefits, and need to submit and keep their own taxes, as well.

However, in the last few years, some companies have abused category by misclassifying bonafide staff members as contractors in an attempt to save cash and circumvent laws. This is most commonly seen amongst “gig economy” employees, such as rideshare drivers and shipment chauffeurs.

Some examples of misclassifications include:

Misclassifying an employee as an independent contractor to not have to comply with Equal Job opportunity Commission laws, which avoid work discrimination.

Misclassifying a worker to avoid registering them in a health benefits plan.

Misclassifying workers to prevent paying out minimum wage.

How Is Defamation of Character Defined?

Defamation is generally specified as the act of damaging the reputation of a person through slanderous (spoken) or disparaging (written) remarks. When libel occurs in the office, it has the prospective to damage group spirits, produce alienation, and even cause long-term damage to an employee’s profession prospects.

Employers are responsible for stopping damaging gossiping among workers if it is a routine and known occurrence in the work environment. Defamation of character in the office might include instances such as:

An employer making hazardous and unfounded allegations, such as claims of theft or incompetence, towards a worker during an efficiency evaluation

A staff member spreading a harmful rumor about another employee that causes them to be denied for a job elsewhere

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

What Is Considered Employer Retaliation?

It is prohibited for a company to penalize a staff member for submitting a problem or suit versus their employer. This is thought about employer retaliation. Although workers are legally safeguarded versus retaliation, it doesn’t stop some employers from punishing an employee who submitted a grievance in a range of methods, such as:

Reducing the worker’s income

Demoting the employee

Re-assigning the employee to a less-desirable job

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

Excluding the worker from vital office activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of lack laws vary from one state to another, there are a variety of federally mandated laws that secure workers who need to take an extended time period off from work.

Under the Family Medical Leave Act (FMLA), companies need to provide unpaid leave time to employees with a certifying household or private medical situation, such as leave for the birth or adoption of a child or delegate care for a partner, child, or moms and dad with a serious health condition. If certified, employees are entitled to up to 12 weeks of unpaid leave time under the FMLA without fear of endangering their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees particular securities to current and previous uniformed service members who might require to be missing from civilian work for a certain amount of time in order to serve in the armed forces.

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

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

Demoting a staff member who took a leave of absence to care for a dying parent without simply cause

Firing a re-employed service member who took a leave of absence to serve in the armed forces without just cause

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

What Is Executive Compensation?

Executive settlement is the combination of base money payment, delayed compensation, efficiency benefits, stock choices, executive benefits, severance plans, and more, awarded to high-level management workers. Executive payment bundles have come under increased scrutiny by regulatory agencies and shareholders alike. If you face a conflict during the negotiation of your executive pay package, our attorneys might have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our effective track record of representing victims of labor and employment employment claims, our labor employment attorneys likewise represent employees before administrative companies 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 employment somebody you know might have been treated improperly by an employer or another worker, do not think twice to call our office. To discuss your legal rights and options, complete our free, no-obligation case review form now.

What Does an Employment Attorney Do?

Documentation.
First, your assigned legal team will gather records connected to your claim, including your agreement, time sheets, and communications through email or other work-related platforms.
These files will help your lawyer understand the extent of your claim and build your case for payment.

Investigation.
Your attorney and legal team will investigate your work environment claim in excellent detail to collect the needed evidence.
They will take a look at the documents you offer and might likewise take a look at work records, agreements, and employment other office information.

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 unsuccessful, your attorney is prepared to go to trial and present your case in the greatest possible form.

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