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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 lawsuits cases in the nation, employment including those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, disparagement, retaliation, denial of leave, and employment executive pay disputes.

The work environment must be a safe location. Unfortunately, some workers are subjected to unjust and unlawful conditions by dishonest companies. Workers may not understand what their rights in the office are, or might hesitate of speaking out versus their company in fear of retaliation. These labor violations can lead to lost salaries and benefits, missed out on chances for development, and undue stress.

Unfair and discriminatory labor practices against employees can take lots of forms, consisting of wrongful termination, discrimination, harassment, rejection to offer a sensible lodging, denial of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other dishonest practices might not know their rights, or might be scared to speak up versus their employer for worry of retaliation.

At Morgan & Morgan, our work attorneys manage a variety of civil litigation cases unfair labor practices against workers. Our lawyers have the understanding, commitment, and experience required to represent workers in a wide variety of labor conflicts. In reality, Morgan & Morgan has 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 illegal treatment in the work environment, contact us by finishing our complimentary case assessment form.

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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, religion, age, and disability).

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

Unfair Labor Practices (e.g., rejection of earnings, 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 claims.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes workers are let go for factors that are unjust or unlawful. This is called wrongful termination, wrongful discharge, employment or wrongful dismissal.

There are numerous situations that might be grounds for a wrongful termination lawsuit, including:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who won’t do something illegal for their company.

If you believe you may have been fired without correct cause, our labor and employment lawyers might have the ability to help you recover back pay, unpaid salaries, and other kinds of settlement.

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

It is prohibited to victimize a task candidate or employment worker on the basis of race, color, faith, sex, national origin, impairment, or age. However, some companies do just that, causing a hostile and inequitable workplace where some workers are dealt with more positively than others.

Workplace discrimination can take numerous kinds. Some examples include:

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 staff member with less experience.

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

Imposing task eligibility requirements that intentionally evaluates out people with specials needs.

Firing somebody based upon a protected category.

What Are Some Examples of Workplace Harassment?

When workers undergo slurs, attacks, risks, ridicule, offensive jokes, undesirable sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, office harassment develops a hostile and abusive workplace.

Examples of workplace harassment include:

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

Telling a repulsive or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial statements about an employee’s sexual orientation.

Making negative remarks about a staff member’s religions.

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

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

Workplace harassment can also take the kind of quid pro quo harassment. This indicates that the harassment results in an intangible modification in a staff member’s employment status. For instance, a staff member may be required to endure sexual harassment from a manager as a condition of their continued employment.

Which Industries Have the Most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) established certain workers’ rights, consisting of the right to a base pay (set federally at $7.25 as of 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 rejecting workers their rightful pay through deceiving methods. This is called wage theft, and consists of examples such as:

Paying an employee less than the federal minimum wage.

Giving an employee “comp time” or hours that can be used toward holiday or ill time, rather than overtime spend for hours worked over 40 in a work week.

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

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

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

A few of the most susceptible professions to overtime and minimum wage violations consist of:

IT workers.

Service service technicians.

Installers.

Sales agents.

Nurses and health care workers.

Tipped workers.

Oil and gas field employees.

Call center employees.

Personal bankers, home mortgage brokers, and AMLs.

Retail staff members.

Exotic dancers.

FedEx motorists.

Disaster relief workers.

Pizza delivery motorists.

What Is Employee Misclassification?

There are a variety of distinctions in between workers and self-employed workers, also called independent professionals or experts. Unlike employees, who are told when and where to work, ensured a regular wage amount, and entitled to employee benefits, among other requirements, independent specialists generally work on a short-term, contract basis with a service, and are invoiced for their work. Independent specialists are not entitled to worker advantages, and need to submit and withhold their own taxes, too.

However, in the last few years, some companies have abused category by misclassifying bonafide workers as specialists in an attempt to conserve money and prevent laws. This is most commonly seen among “gig economy” employees, such as rideshare chauffeurs and employment shipment chauffeurs.

Some examples of misclassifications include:

Misclassifying a worker as an independent specialist to not need to abide by Equal Employment Opportunity Commission laws, which prevent employment discrimination.

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

Misclassifying staff members to prevent paying out minimum wage.

How Is Defamation of Character Defined?

Defamation is generally specified as the act of damaging the credibility of a person through slanderous (spoken) or disparaging (written) remarks. When libel happens in the workplace, it has the potential to damage team spirits, develop alienation, and even trigger long-lasting damage to an employee’s career potential customers.

Employers are accountable for stopping damaging gossiping amongst employees if it is a regular and recognized occurrence in the work environment. Defamation of character in the office may consist of circumstances such as:

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

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

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

What Is Considered Employer Retaliation?

It is illegal for a business to punish an employee for submitting a complaint or claim against their employer. This is considered employer retaliation. Although workers are lawfully secured versus retaliation, it does not stop some employers from punishing a worker who submitted a complaint in a range of methods, such as:

Reducing the employee’s salary

Demoting the worker

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 important 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 protect employees who need to take a prolonged period of time off from work.

Under the Family Medical Leave Act (FMLA), companies need to use overdue leave time to staff members with a certifying household or individual medical circumstance, such as leave for the birth or adoption of an infant or leave to look after a partner, kid, or parent with a serious health condition. If qualified, employees are entitled to up to 12 weeks of unpaid 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, guarantees specific securities to existing 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 armed forces.

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

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

Demoting a worker who took a leave of absence to care for a dying parent without just cause

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

Retaliating versus a current or former service member who took a leave of lack to serve in the armed forces

What Is Executive Compensation?

Executive payment is the mix of base money payment, delayed payment, efficiency benefits, stock options, executive benefits, severance packages, and employment more, awarded to high-level management workers. Executive settlement plans have actually come under increased examination by regulative companies and investors alike. If you deal with a dispute during the negotiation 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 effectively pursued thousands of labor and work claims for the individuals who need it most.

In addition to our effective track record of representing victims of labor and work 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 treated poorly by a company or another employee, do not think twice to call our office. To discuss your legal rights and choices, submit our free, no-obligation case review type now.

What Does an Employment Attorney Do?

Documentation.
First, your designated legal group will collect records associated with your claim, including your contract, time sheets, and interactions via email or other job-related platforms.
These files will assist your lawyer understand the extent of your claim and develop your case for settlement.

Investigation.
Your lawyer and legal team will investigate your work environment claim in terrific detail to gather the required evidence.
They will take a look at the documents you supply and may likewise take a look at employment records, agreements, and other workplace information.

Negotiation.
Your lawyer will negotiate with the defense, outside of the courtroom, to assist get you the settlement you might be entitled to.
If settlement negotiations are not successful, your lawyer is prepared to go to trial and present your case in the strongest possible kind.

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