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Labor And Employment Attorneys
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Mistreated on the Job?
Labor and Employment Attorneys
Rating Overview
Based on 55,000 Select Nationwide Reviews
– The Fee Is Free Unless You Win ®
. -America’s Largest Injury Law practice ™.
– Protecting Families Since 1988.
– 25 Billion+ Won.
– 1,000+ Lawyers Nationwide.
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Were You While on the Job?
Morgan & Morgan’s employment lawyers submit the most employment litigation cases in the nation, including those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, disparagement, retaliation, rejection of leave, and executive pay disputes.
The workplace needs to be a safe place. Unfortunately, some employees go through unreasonable and illegal conditions by unethical employers. Workers might not understand what their rights in the work environment are, or may hesitate of speaking up against their company in fear of retaliation. These labor offenses can cause lost wages and advantages, missed out on chances for development, and undue stress.
Unfair and prejudiced labor practices versus employees can take many types, including wrongful termination, discrimination, harassment, refusal to give an affordable lodging, denial of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other unethical practices may not know their rights, or might hesitate to speak up versus their company for worry of retaliation.
At Morgan & Morgan, our work lawyers handle a range of civil litigation cases involving unreasonable labor practices against staff members. Our attorneys have the understanding, devotion, and experience required to represent workers in a vast array of labor disputes. In fact, Morgan & Morgan has actually been acknowledged for submitting more labor and employment cases than any other firm.
If you think you might have been the victim of unfair or prohibited treatment in the office, contact us by completing our totally free case evaluation kind.
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How it works
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Our dedicated group gets to work investigating your claim.
Step 3
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If we take on the case, our group fights to get you the outcomes you deserve.
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Results might vary depending upon your particular facts and legal scenarios.
FAQ
Get answers to frequently asked concerns about our legal services and find out 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, religious beliefs, age, and disability).
Harassment (e.g., Unwanted sexual advances, Hostile Workplace).
Unfair Labor Practices (e.g., rejection of salaries, overtime, pointer pooling, and equal 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 employees are release for reasons that are unjust or prohibited. This is described wrongful termination, wrongful discharge, or wrongful dismissal.
There are numerous situations that might be grounds for a wrongful termination claim, consisting of:
Firing a staff member out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a staff member who won’t do something prohibited for their company.
If you think you might have been fired without appropriate cause, our labor and work lawyers might be able to help you recuperate back pay, overdue wages, and other kinds of payment.
What Are one of the most Common Forms of Workplace Discrimination?
It is illegal to discriminate against a job candidate or worker on the basis of race, color, religion, sex, employment national origin, special needs, or age. However, some employers do just that, leading to a hostile and inequitable office where some workers are dealt with more favorably than others.
Workplace discrimination can take lots of types. Some examples consist of:
Refusing to employ somebody on the basis of their skin color.
Passing over a qualified female worker for a promo in favor of a male employee with less experience.
Not supplying equal training chances for employees of various religious backgrounds.
Imposing task eligibility criteria that deliberately evaluates out people with disabilities.
Firing someone based upon a safeguarded classification.
What Are Some Examples of Workplace Harassment?
When employees undergo slurs, assaults, dangers, ridicule, offending jokes, unwanted sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, office harassment develops a hostile and violent work environment.
Examples of work environment harassment include:
Making undesirable comments 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 preference.
Making negative comments about an employee’s religions.
Making prejudicial declarations about a worker’s birthplace or family heritage.
Making negative remarks or jokes about the age of a staff member over the age of 40.
Workplace harassment can also take the form of quid professional quo harassment. This means that the harassment results in an intangible change in a worker’s employment status. For example, a worker may be required to tolerate 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) developed particular employees’ rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt workers.
However, some companies try to cut costs by rejecting workers their rightful pay through sly methods. This is called wage theft, and includes examples such as:
Paying a worker less than the federal minimum wage.
Giving a worker “comp time” or hours that can be utilized towards holiday or sick time, employment rather than overtime pay for hours worked over 40 in a work week.
Forcing tipped employees to pool their suggestions with non-tipped employees, such as supervisors or cooks.
Forcing employees to spend for tools of the trade or other expenditures that their company should pay.
Misclassifying a worker that should be paid overtime as “exempt” by promoting them to a “supervisory” position without really altering the worker’s job tasks.
Some of the most susceptible occupations to overtime and minimum wage violations include:
IT workers.
Service professionals.
Installers.
Sales agents.
Nurses and health care workers.
Tipped employees.
Oil and gas field workers.
Call center workers.
Personal bankers, home mortgage brokers, and AMLs.
Retail workers.
Strippers.
FedEx chauffeurs.
Disaster relief workers.
Pizza delivery drivers.
What Is Employee Misclassification?
There are a number of differences in between workers and self-employed employees, also referred to as independent professionals or experts. Unlike employees, who are informed when and where to work, ensured a routine wage amount, 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 specialists are not entitled to staff member advantages, and need to submit and withhold their own taxes, also.
However, recently, some companies have abused classification by misclassifying bonafide workers as specialists in an attempt to save money and prevent laws. This is most typically seen among “gig economy” workers, such as rideshare chauffeurs and shipment motorists.
Some examples of misclassifications include:
Misclassifying a worker as an independent contractor to not have to comply with Equal Job opportunity Commission laws, which prevent employment discrimination.
Misclassifying a worker to prevent registering them in a health benefits plan.
Misclassifying workers to avoid paying out minimum wage.
How Is Defamation of Character Defined?
Defamation is generally defined as the act of damaging the reputation of an individual through slanderous (spoken) or libelous (written) remarks. When defamation happens in the workplace, it has the potential to harm group morale, create alienation, and even cause long-term damage to an employee’s profession prospects.
Employers are accountable for putting a stop to harmful gossiping amongst employees if it is a routine and known occurrence in the work environment. Defamation of character in the workplace might consist of circumstances such as:
A company making harmful and unfounded accusations, such as claims of theft or incompetence, towards a worker throughout a performance review
A staff member spreading a damaging rumor about another employee that triggers them to be turned down for a job in other places
An employee dispersing gossip about an employee that causes other colleagues to prevent them
What Is Considered Employer Retaliation?
It is illegal for a company to penalize an employee for filing a grievance or claim versus their employer. This is considered employer retaliation. Although workers are legally protected versus retaliation, it doesn’t stop some companies from penalizing a staff member who submitted a complaint in a variety of ways, such as:
Reducing the employee’s income
Demoting the worker
Re-assigning the employee to a less-desirable task
Re-assigning the employee to a shift that creates a work-family dispute
Excluding the employee from essential work environment activities such as training sessions
What If a Business Denies a Leave of Absence?
While leave of absence laws differ from state to state, there are a number of federally mandated laws that secure staff members who should take a prolonged period of time off from work.
Under the Family Medical Leave Act (FMLA), employers need to offer unsettled 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 take care of a partner, kid, or parent with a severe health condition. If qualified, staff members are entitled to as much as 12 weeks of overdue leave time under the FMLA without fear of jeopardizing their job status.
The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances certain protections to current and former uniformed service members who may require to be missing from civilian work for a specific duration of time in order to serve in the armed forces.
Leave of lack can be unjustly denied in a variety of methods, including:
Firing an employee who took a leave of lack for the birth or adoption of their infant 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 just cause
Retaliating against an existing or previous service member who took a leave of absence to serve in the armed forces
What Is Executive Compensation?
Executive compensation is the mix of base cash payment, delayed payment, efficiency perks, stock choices, executive perks, severance packages, and more, awarded to top-level management staff members. Executive compensation packages have come under increased analysis by regulative companies and shareholders alike. If you deal with a conflict during the negotiation of your executive pay package, our lawyers might have the ability to help you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The employment and labor attorneys at Morgan & Morgan have actually effectively pursued thousands of labor and employment claims for individuals who need it most.
In addition to our effective performance history of representing victims of labor and work claims, employment our labor attorneys likewise represent employees before administrative agencies such as the Equal Job 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 might have been treated incorrectly by a company or another worker, do not be reluctant to contact our workplace. To discuss your legal rights and options, fill out our totally free, no-obligation case review form now.
What Does a Work Attorney Do?
Documentation.
First, your assigned legal team will collect records related to your claim, including your contract, time sheets, and interactions by means of email or other job-related platforms.
These files will help your lawyer comprehend the degree of your claim and construct your case for settlement.
Investigation.
Your lawyer and legal team will investigate your work environment claim in terrific detail to collect the essential evidence.
They will look at the documents you provide and may likewise take a look at employment records, agreements, and other work environment information.
Negotiation.
Your lawyer will work out with the defense, outside of the courtroom, to help get you the compensation 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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