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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 involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, libel, retaliation, denial of leave, and executive pay conflicts.

The work environment should be a safe location. Unfortunately, employment some workers go through unreasonable and prohibited conditions by unscrupulous companies. Workers might not understand what their rights in the office are, or might hesitate of speaking out versus their employer in fear of retaliation. These labor violations can result in lost earnings and benefits, missed opportunities for improvement, and undue tension.

Unfair and inequitable labor practices against employees can take lots of forms, consisting of wrongful termination, discrimination, harassment, rejection to offer an affordable lodging, denial of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices may not understand their rights, or may hesitate to speak up against their employer for worry of retaliation.

At Morgan & Morgan, our work attorneys deal with a variety of civil litigation cases including unjust labor practices versus workers. Our lawyers possess the knowledge, dedication, and experience needed to represent employees in a large range of labor disputes. In fact, Morgan & Morgan has actually been recognized for submitting more labor and work cases than any other company.

If you think you may have been the victim of unjust or prohibited treatment in the work environment, call us by finishing our totally free case examination form.

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We take.
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Our dedicated group gets to work investigating your claim.

Step 3

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If we handle the case, our team battles to get you the outcomes you are worthy of.

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Results may vary depending upon your particular facts and legal circumstances.

FAQ

Get the answer to commonly asked concerns about our legal services and learn how we may help you with your case.

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, religion, age, and impairment).

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

Unfair Labor (e.g., denial of wages, overtime, idea pooling, and equal 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 let go for factors that are unjust or prohibited. This is termed wrongful termination, wrongful discharge, or wrongful termination.

There are lots of situations that may be grounds for a wrongful termination suit, including:

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who will not do something illegal for their employer.

If you believe you may have been fired without proper cause, our labor and work attorneys may be able to assist you recover back pay, unsettled incomes, and other types of settlement.

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

It is illegal to victimize a job applicant or worker on the basis of race, color, religion, sex, nationwide origin, impairment, or age. However, some companies do simply that, leading to a hostile and inequitable work environment where some employees are dealt with more positively than others.

Workplace discrimination can take lots of kinds. Some examples include:

Refusing to hire 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 equal training opportunities for workers of different spiritual backgrounds.

Imposing job eligibility requirements that deliberately screens out people with disabilities.

Firing someone based upon a safeguarded category.

What Are Some Examples of Workplace Harassment?

When workers are subjected to slurs, attacks, dangers, ridicule, offensive jokes, employment unwanted sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, office harassment creates a hostile and abusive work environment.

Examples of workplace harassment include:

Making unwelcome remarks about a worker’s look 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 unfavorable comments about an employee’s religious beliefs.

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

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

Workplace harassment can likewise take the kind of quid professional quo harassment. This suggests that the harassment leads to an intangible modification in an employee’s work status. For instance, a staff member 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 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 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 costs by denying workers their rightful pay through sly methods. This is called wage theft, 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 ideas with non-tipped employees, such as supervisors or cooks.

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

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

Some of the most susceptible occupations to overtime and minimum wage offenses include:

IT workers.

Service service technicians.

Installers.

Sales agents.

Nurses and health care workers.

Tipped employees.

Oil and gas field employees.

Call center employees.

Personal lenders, mortgage brokers, and AMLs.

Retail staff members.

Strippers.

FedEx motorists.

Disaster relief employees.

Pizza delivery drivers.

What Is Employee Misclassification?

There are a number of differences between employees and self-employed employees, also understood as independent contractors or experts. Unlike employees, who are told when and where to work, ensured a routine wage amount, and entitled to staff member advantages, amongst other criteria, independent specialists usually deal with a short-term, agreement basis with an organization, and are invoiced for their work. Independent specialists are not entitled to worker advantages, and need to file and withhold their own taxes, too.

However, recently, some employers have actually abused category by misclassifying bonafide staff members as contractors in an effort to conserve cash and prevent laws. This is most commonly seen amongst “gig economy” workers, such as rideshare motorists and delivery drivers.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent specialist to not have to abide by Equal Job opportunity Commission laws, which avoid work discrimination.

Misclassifying a worker to prevent enrolling them in a health advantages prepare.

Misclassifying workers to prevent paying minimum wage.

How Is Defamation of Character Defined?

Defamation is normally specified as the act of harming the reputation of a person through slanderous (spoken) or libelous (written) remarks. When defamation occurs in the workplace, it has the prospective to hurt team morale, create alienation, or even cause long-term damage to an employee’s career prospects.

Employers are accountable for stopping damaging gossiping among staff members if it is a routine and recognized incident in the work environment. Defamation of character in the office might include instances such as:

A company making damaging and unfounded claims, such as claims of theft or incompetence, toward a staff member throughout an efficiency evaluation

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

An employee dispersing chatter about an employee that triggers other colleagues to prevent them

What Is Considered Employer Retaliation?

It is illegal for a company to punish a staff member for filing a grievance or lawsuit versus their employer. This is considered employer retaliation. Although employees are lawfully protected against retaliation, it does not stop some companies from punishing an employee who filed a complaint in a variety of ways, such as:

Reducing the employee’s wage

Demoting the employee

Re-assigning the employee to a less-desirable task

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

Excluding the employee from essential workplace activities such as training sessions

What If a Business Denies a Leave of Absence?

While leave of absence laws differ from one state to another, there are a variety of federally mandated laws that protect employees who should take a prolonged amount of time off from work.

Under the Family Medical Leave Act (FMLA), employers need to offer unsettled leave time to workers with a qualifying family or private medical scenario, employment 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 approximately 12 weeks of unsettled 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, warranties certain protections to present and former uniformed service members who may require to be missing from civilian employment for a particular time period in order to serve in the militaries.

Leave of lack can be unfairly rejected in a number of ways, consisting of:

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

Demoting a worker who took a leave of absence to take care of a passing away parent without simply cause

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

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

What Is Executive Compensation?

Executive compensation is the combination of base cash compensation, postponed compensation, efficiency perks, stock alternatives, executive advantages, severance plans, and more, awarded to high-level management employees. Executive payment bundles have come under increased scrutiny by regulatory companies and investors alike. If you deal with a disagreement during the settlement of your executive pay plan, our lawyers might have the ability to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor lawyers at Morgan & Morgan have actually successfully pursued thousands of labor and work claims for the people who require 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 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 somebody you know might have been treated improperly by an employer or another employee, do not be reluctant to call our workplace. To discuss your legal rights and options, fill out our complimentary, no-obligation case evaluation form now.

What Does an Employment Attorney Do?

Documentation.
First, your appointed legal group will gather records connected to your claim, including your contract, time sheets, and interactions through e-mail or other work-related platforms.
These documents will assist your lawyer understand the extent of your claim and build your case for settlement.

Investigation.
Your lawyer and legal group will investigate your work environment claim in terrific detail to gather the required proof.
They will take a look at the files you offer and might also take a look at employment records, contracts, and other work environment information.

Negotiation.
Your lawyer will work out with the defense, outside of the courtroom, to help get you the settlement you might be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the strongest possible kind.

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