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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 submit one of the most employment litigation cases in the country, consisting of those involving wrongful termination, discrimination, employment harassment, wage theft, staff member misclassification, employment libel, retaliation, rejection of leave, and executive pay disputes.

The office ought to be a safe place. Unfortunately, some workers go through unfair and illegal conditions by unethical companies. Workers may not understand what their rights in the work environment are, or might be scared of speaking out versus their employer in fear of retaliation. These labor offenses can result in lost earnings and advantages, missed chances for development, and undue stress.

Unfair and prejudiced labor practices against workers can take lots of kinds, consisting of wrongful termination, discrimination, harassment, rejection to provide a reasonable accommodation, rejection of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices might not understand their rights, or may be scared to speak up versus their employer for fear of retaliation.

At Morgan & Morgan, our employment attorneys handle a variety of civil litigation cases involving unreasonable labor practices against employees. Our attorneys possess the understanding, devotion, and experience required to represent workers in a wide variety of labor conflicts. In reality, Morgan & Morgan has actually been acknowledged for submitting more labor and employment cases than any other company.

If you think you may have been the victim of unjust or unlawful treatment in the workplace, contact us by finishing our free case assessment kind.

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FAQ

Get the answer to typically asked concerns about our legal services and discover how we might help 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, national origin, faith, age, and employment disability).

Harassment (e.g., Sexual Harassment, Hostile Work Environment).

Unfair Labor Practices (e.g., rejection of incomes, overtime, pointer 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 workers are let go for reasons that are unfair or unlawful. This is called wrongful termination, wrongful discharge, or wrongful termination.

There are many scenarios that may be premises for a wrongful termination suit, including:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

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

If you believe you might have been fired without correct cause, our labor and employment attorneys might have the ability to help you recuperate back pay, unsettled salaries, and other kinds of settlement.

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

It is prohibited to discriminate versus a task applicant or worker on the basis of race, color, faith, sex, nationwide origin, impairment, or age. However, some companies do just that, leading to a hostile and inequitable work environment where some workers are treated 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 qualified female employee for a promotion in favor employment of a male employee with less experience.

Not providing equal training opportunities for workers of various religious backgrounds.

Imposing task eligibility criteria that intentionally evaluates out individuals with specials needs.

Firing someone based on a protected classification.

What Are Some Examples of Workplace Harassment?

When workers are subjected to slurs, attacks, threats, 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 consist of:

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 an employee’s sexual orientation.

Making negative comments about a worker’s spiritual beliefs.

Making prejudicial declarations about a staff member’s birth place or household heritage.

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

Workplace harassment can likewise take the kind of quid pro quo harassment. This suggests that the harassment leads to an intangible change in a worker’s employment status. For example, an employee might be forced to endure unwanted sexual advances from a supervisor as a condition of their continued employment.

Which Industries Have one of the most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) established particular workers’ 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 staff members.

However, some employers attempt to cut expenses by denying employees 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 utilized towards vacation or ill time, rather than overtime pay for hours worked over 40 in a work week.

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

Forcing workers to pay for tools of the trade or other expenditures that their company ought to pay.

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

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

IT employees.

Service professionals.

Installers.

Sales representatives.

Nurses and health care employees.

Tipped workers.

Oil and gas field employees.

Call center workers.

Personal bankers, mortgage brokers, and AMLs.

Retail employees.

Strippers.

FedEx chauffeurs.

Disaster relief employees.

Pizza delivery chauffeurs.

What Is Employee Misclassification?

There are a variety of distinctions in between staff members and self-employed employees, also understood as independent specialists or consultants. Unlike staff members, who are informed when and where to work, ensured a regular wage quantity, and entitled to employee benefits, amongst other requirements, independent professionals typically work on a short-term, contract basis with an organization, and are invoiced for their work. Independent contractors are not entitled to employee benefits, and must submit and keep their own taxes, too.

However, in recent years, some companies have actually abused classification by misclassifying bonafide workers as contractors in an attempt to conserve money and circumvent laws. This is most commonly seen amongst “gig economy” workers, such as rideshare drivers and shipment motorists.

Some examples of misclassifications include:

Misclassifying an employee as an independent professional to not have to abide by Equal Employment Opportunity Commission laws, which prevent employment discrimination.

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

Misclassifying employees to avoid paying base pay.

How Is Defamation of Character Defined?

Defamation is typically defined as the act of damaging the track record of a person through slanderous (spoken) or disparaging (written) remarks. When libel happens in the work environment, it has the potential to damage team morale, create alienation, and even cause long-term damage to an employee’s career potential customers.

Employers are accountable for putting a stop to damaging gossiping among workers if it is a regular and known incident in the workplace. Defamation of character in the workplace may consist of instances such as:

An employer making harmful and unproven accusations, such as claims of theft or incompetence, employment towards a staff member throughout an efficiency review

A worker spreading a hazardous rumor about another worker that triggers them to be turned down for a task somewhere else

A staff member dispersing chatter about an employee that triggers other colleagues to prevent them

What Is Considered Employer Retaliation?

It is illegal for a company to penalize an employee for submitting a complaint or lawsuit against their company. This is considered employer retaliation. Although employees are lawfully secured against retaliation, it does not stop some companies from penalizing a worker who filed a complaint in a variety of methods, such as:

Reducing the worker’s income

Demoting the worker

Re-assigning the worker to a less-desirable job

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

Excluding the worker from vital office activities such as training sessions

What If a Business Denies a Leave of Absence?

While leave of absence laws vary from one state to another, there are a number of federally mandated laws that secure workers who must take a prolonged time period off from work.

Under the Family Medical Leave Act (FMLA), employers must offer unsettled leave time to workers with a qualifying household or individual medical circumstance, such as leave for the birth or adoption of a child or leave to care for a partner, kid, or parent with a serious health condition. If certified, staff members are entitled to up to 12 weeks of unpaid leave time under the FMLA without fear of threatening their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees specific protections to present and previous uniformed service members who may require to be missing from civilian employment for a specific time period in order to serve in the armed forces.

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

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

Demoting an employee who took a leave of absence to look after a dying parent without just cause

Firing a re-employed service member who took a leave of lack 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 armed forces

What Is Executive Compensation?

Executive settlement is the mix of base money payment, postponed settlement, performance perks, stock alternatives, executive advantages, severance packages, and more, awarded to top-level management employees. Executive payment packages have actually come under increased analysis by regulatory agencies and shareholders alike. If you deal with a conflict during the negotiation of your executive pay package, our lawyers may have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor legal representatives at Morgan & Morgan have actually effectively pursued thousands of labor and employment claims for the people who need it most.

In addition to our effective performance history of representing victims of labor and employment claims, our labor lawyers likewise 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 know might have been dealt with improperly by an employer or another employee, do not think twice to call our workplace. To discuss your legal rights and alternatives, submit our free, no-obligation case evaluation form now.

What Does an Employment Attorney Do?

Documentation.
First, your designated legal team will gather records related to your claim, including your contract, time sheets, and interactions through e-mail or other work-related platforms.
These documents will help your attorney understand the extent of your claim and construct your case for settlement.

Investigation.
Your lawyer and legal team will examine your workplace claim in great information to gather the necessary evidence.
They will look at the files you provide and may likewise take a look at work records, agreements, and other workplace data.

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

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