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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, consisting of those involving wrongful termination, discrimination, harassment, wage theft, staff member misclassification, defamation, retaliation, rejection of leave, and executive pay disagreements.

The office should be a safe location. Unfortunately, some workers undergo unjust and illegal conditions by unethical companies. Workers may not understand what their rights in the work environment are, or may be afraid of speaking up against their employer in worry of retaliation. These labor offenses can result in lost incomes and advantages, missed opportunities for advancement, and unnecessary stress.

Unfair and inequitable labor practices against workers can take many types, including wrongful termination, discrimination, harassment, rejection to provide a sensible accommodation, rejection of leave, company retaliation, and wage and hour infractions. Workers who are victim to these and other dishonest practices may not know their rights, or might be afraid to speak up against their employer for fear of retaliation.

At Morgan & Morgan, our work lawyers manage a range of civil lawsuits cases involving unjust labor practices versus staff members. Our attorneys have the knowledge, devotion, and experience needed to represent workers in a large range of labor disagreements. In fact, Morgan & Morgan has been acknowledged for filing more labor and work cases than any other firm.

If you believe you might have been the victim of unreasonable or illegal treatment in the workplace, contact us by finishing our complimentary case examination kind.

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FAQ

Get answers to commonly asked questions 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 been the victim of:

Wrongful Termination.

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

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

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

Misclassification.

Retaliation.

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

Reemployment Rights Act (USERRA).

with Disability Act claims.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes staff members are let go for factors that are unjust or unlawful. This is described wrongful termination, wrongful discharge, or wrongful dismissal.

There are lots of scenarios that may be premises for a wrongful termination claim, including:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who will not do something illegal for their employer.

If you think you may have been fired without correct cause, our labor and employment attorneys may have the ability to assist you recuperate back pay, unpaid wages, and other kinds of settlement.

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to victimize a task applicant or staff member on the basis of race, color, religious beliefs, sex, national origin, disability, or age. However, some companies do simply that, causing a hostile and inequitable work environment where some employees are treated more positively than others.

Workplace discrimination can take lots of forms. Some examples consist of:

Refusing to work with someone 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 equivalent training opportunities for employees of various religious backgrounds.

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

Firing someone based on a secured category.

What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, assaults, hazards, ridicule, offending jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, work environment harassment creates a hostile and violent workplace.

Examples of office harassment include:

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

Telling a vulgar or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about an employee’s sexual orientation.

Making negative comments about a worker’s faiths.

Making prejudicial statements about a worker’s birth place or family heritage.

Making negative remarks or jokes about the age of a worker over the age of 40.

Workplace harassment can also take the type of quid professional quo harassment. This suggests that the harassment results in an intangible change in a staff member’s work status. For example, an employee may be required to tolerate unwanted sexual advances 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) developed certain workers’ rights, including 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 try to cut costs by rejecting workers their rightful pay through deceitful approaches. This is called wage theft, and consists of examples such as:

Paying an employee less than the federal base pay.

Giving a worker “comp time” or hours that can be utilized towards holiday or ill time, rather than overtime pay for hours worked over 40 in a work week.

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

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

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

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

IT workers.

Service professionals.

Installers.

Sales representatives.

Nurses and healthcare workers.

Tipped staff members.

Oil and gas field workers.

Call center workers.

Personal bankers, home loan brokers, and AMLs.

Retail employees.

Strippers.

FedEx chauffeurs.

Disaster relief workers.

Pizza delivery chauffeurs.

What Is Employee Misclassification?

There are a number of differences between employees and self-employed employees, also referred to as independent professionals or specialists. Unlike staff members, who are told when and where to work, guaranteed a regular wage amount, and entitled to staff member advantages, to name a few requirements, independent contractors generally deal with a short-term, agreement basis with an organization, and are invoiced for their work. Independent specialists are not entitled to employee advantages, and need to submit and withhold their own taxes, too.

However, over the last few years, some companies have actually abused classification by misclassifying bonafide workers as professionals in an effort to conserve cash and circumvent laws. This is most commonly seen among “gig economy” workers, such as rideshare chauffeurs and shipment chauffeurs.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent professional to not have to abide by Equal Job opportunity Commission laws, which prevent employment 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 typically specified as the act of damaging the reputation of an individual through slanderous (spoken) or disparaging (written) remarks. When disparagement occurs in the office, it has the prospective to damage group morale, produce alienation, and even cause long-lasting damage to a worker’s career potential customers.

Employers are responsible for putting a stop to harmful gossiping among workers if it is a routine and employment recognized event in the workplace. Defamation of character in the workplace may consist of circumstances such as:

An employer making harmful and unproven accusations, such as claims of theft or incompetence, toward a staff member during a performance evaluation

A staff member spreading out a hazardous rumor about another staff member that causes them to be declined for a task elsewhere

A worker spreading gossip about a worker that causes other coworkers to avoid them

What Is Considered Employer Retaliation?

It is unlawful for a company to penalize an employee for filing a grievance or lawsuit against their company. This is considered employer retaliation. Although employees are legally safeguarded against retaliation, it does not stop some employers from penalizing a worker who filed a grievance in a range of ways, such as:

Reducing the worker’s salary

Demoting the employee

Re-assigning the worker to a less-desirable job

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

Excluding the employee from essential work environment activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of lack laws differ from one state to another, there are a number of federally mandated laws that protect staff members who need to take an extended period of time off from work.

Under the Family Medical Leave Act (FMLA), companies need to use overdue leave time to workers with a certifying household or individual medical scenario, such as leave for the birth or adoption of a baby or leave to look after a spouse, kid, or parent with a major health condition. If qualified, workers are entitled to up to 12 weeks of unpaid leave time under the FMLA without worry of jeopardizing their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties specific protections to existing and former uniformed service members who may need to be absent from civilian employment for a particular amount of time in order to serve in the militaries.

Leave of absence can be unfairly denied in a variety of methods, including:

Firing a worker 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 look after a dying moms and dad without just cause

Firing a re-employed service member who took a leave of lack to serve in the militaries without just cause

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

What Is Executive Compensation?

Executive compensation is the mix of base cash payment, deferred settlement, efficiency bonuses, stock alternatives, executive benefits, severance bundles, and more, granted to top-level management staff members. Executive payment packages have actually come under increased analysis by regulative companies and shareholders alike. If you face a dispute throughout the negotiation of your executive pay plan, employment our attorneys may be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our successful performance history of representing victims of labor and employment 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 somebody you understand might have been dealt with incorrectly by an employer or another employee, do not hesitate to call our office. To discuss your legal rights and alternatives, fill out our totally free, no-obligation case review type now.

What Does a Work Attorney Do?

Documentation.
First, your assigned legal team will collect records associated with your claim, including your contract, time sheets, and communications through e-mail or other job-related platforms.
These documents will assist your lawyer comprehend the degree of your claim and develop your case for payment.

Investigation.
Your attorney and legal group will investigate your workplace claim in great detail to collect the necessary proof.
They will take a look at the files you offer and may also take a look at employment records, agreements, and other workplace information.

Negotiation.
Your attorney will negotiate with the defense, beyond the courtroom, to help 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 strongest possible form.

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