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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment attorneys submit the most work lawsuits cases in the country, consisting of those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, defamation, retaliation, rejection of leave, and executive pay conflicts.

The work environment must be a safe location. Unfortunately, some employees are subjected to unreasonable and illegal conditions by unscrupulous companies. Workers might not know what their rights in the work environment are, or may be afraid of speaking up versus their employer in worry of retaliation. These labor violations can result in lost incomes and benefits, missed out on chances for development, and undue stress.

Unfair and discriminatory labor practices against workers can take many kinds, including wrongful termination, discrimination, employment harassment, refusal to provide a sensible accommodation, denial of leave, company retaliation, and wage and hour violations. Workers who are victim to these and other dishonest practices might not know their rights, or might hesitate to speak up against their company for fear of retaliation.

At Morgan & Morgan, our work lawyers deal with a range of civil litigation cases including unreasonable labor employment practices versus employees. Our lawyers possess the understanding, dedication, and experience needed to represent workers in a large range of labor disagreements. In fact, Morgan & Morgan has actually been acknowledged for submitting more labor and work cases than any other firm.

If you believe you might have been the victim of unfair or illegal treatment in the work environment, call us by finishing our totally free case evaluation form.

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FAQ

Get the answer to commonly 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, religion, age, and disability).

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

Unfair Labor Practices (e.g., rejection of wages, overtime, suggestion 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 employees are let go for reasons that are unreasonable or prohibited. This is termed wrongful termination, wrongful discharge, or wrongful termination.

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

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

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

If you think you may have been fired without proper cause, our labor and employment lawyers might have the ability to assist you recuperate back pay, unsettled wages, and other forms of payment.

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to victimize a job applicant or worker on the basis of race, color, employment religion, sex, nationwide origin, disability, or age. However, some companies do just that, causing a hostile and inequitable office where some workers are treated more positively than others.

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

Refusing to work with somebody on the basis of their skin color.

Passing over a qualified female staff member for a promotion in favor of a male worker with less experience.

Not providing equivalent training opportunities for employees of different religious backgrounds.

Imposing job eligibility criteria that deliberately evaluates out people with disabilities.

Firing somebody based upon a secured category.

What Are Some Examples of Workplace Harassment?

When employees go through slurs, attacks, risks, ridicule, offensive jokes, unwanted sexual advances, or spoken or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, workplace harassment develops a hostile and abusive work environment.

Examples of office 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 statements about a worker’s sexual preference.

Making unfavorable comments about an employee’s religious beliefs.

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

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

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

Which Industries Have the Most Overtime and Minimum Wage Violations?

The Fair Labor employment Standards Act (FLSA) established specific employees’ rights, including the right to a minimum wage (set federally at $7.25 since 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt staff members.

However, some companies attempt to cut costs by rejecting employees their rightful pay through deceiving methods. This is called wage theft, and includes examples such as:

Paying a worker less than the federal base pay.

Giving a worker “comp time” or hours that can be used towards vacation or ill time, instead of overtime spend for hours worked over 40 in a work week.

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

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

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

A few of the most susceptible professions to overtime and base pay infractions consist of:

IT workers.

Service professionals.

Installers.

Sales representatives.

Nurses and healthcare employees.

Tipped employees.

Oil and employment gas field workers.

Call center workers.

Personal lenders, home loan brokers, and AMLs.

Retail workers.

Exotic dancers.

FedEx chauffeurs.

Disaster relief employees.

Pizza delivery chauffeurs.

What Is Employee Misclassification?

There are a number of differences in between employees and self-employed employees, likewise understood as independent professionals or specialists. Unlike staff members, who are informed when and where to work, guaranteed a regular wage amount, and entitled to staff member advantages, to name a few criteria, independent professionals generally work on a short-term, agreement basis with a service, and are invoiced for their work. Independent professionals are not entitled to employee benefits, and need to submit and withhold their own taxes, also.

However, over the last few years, some companies have actually abused category by misclassifying bonafide workers as professionals in an effort to save money and circumvent laws. This is most commonly seen among “gig economy” workers, such as rideshare drivers and delivery drivers.

Some examples of misclassifications include:

Misclassifying an employee as an independent contractor to not have to abide by Equal Employment Opportunity Commission laws, which avoid work discrimination.

Misclassifying an employee to avoid enrolling them in a health advantages plan.

Misclassifying employees to avoid paying out minimum wage.

How Is Defamation of Character Defined?

Defamation is usually specified as the act of damaging the track record of an individual through slanderous (spoken) or disparaging (written) remarks. When disparagement happens in the office, it has the possible to hurt group spirits, develop alienation, and even cause long-lasting damage to a worker’s profession prospects.

Employers are accountable for putting a stop to hazardous gossiping amongst workers if it is a routine and known event in the workplace. Defamation of character in the workplace may include instances such as:

A company making hazardous and unfounded claims, such as claims of theft or incompetence, towards an employee during an efficiency evaluation

An employee spreading out a hazardous report about another worker that triggers them to be denied for a job in other places

An employee dispersing chatter about a worker that triggers other coworkers to prevent them

What Is Considered Employer Retaliation?

It is prohibited for a company to punish an employee for filing a grievance or suit versus their employer. This is thought about company retaliation. Although workers are lawfully secured against retaliation, it doesn’t stop some employers from penalizing an employee who submitted a grievance in a variety of methods, such as:

Reducing the employee’s salary

Demoting the employee

Re-assigning the worker to a less-desirable job

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

Excluding the employee from vital workplace activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of lack laws vary from state to state, there are a variety of federally mandated laws that secure staff members who must take a prolonged amount of time off from work.

Under the Family Medical Leave Act (FMLA), companies need to provide unsettled leave time to staff members with a qualifying family or private medical scenario, such as leave for the birth or adoption of a baby or delegate take care of a partner, kid, or parent with a major health condition. If qualified, employees are entitled to as much as 12 weeks of overdue 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, guarantees certain protections to existing and previous uniformed service members who may need to be absent from civilian work for a certain time period in order to serve in the armed forces.

Leave of lack can be unfairly denied in a number of methods, employment including:

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

Demoting an employee who took a leave of absence to take care of a dying moms and dad 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 militaries

What Is Executive Compensation?

Executive payment is the mix of base money compensation, postponed compensation, efficiency bonus offers, stock alternatives, executive advantages, severance plans, and more, granted to top-level management workers. Executive settlement bundles have actually come under increased scrutiny by regulatory firms and shareholders alike. If you deal with a dispute during the settlement of your executive pay bundle, our lawyers might have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our successful track record of representing victims of labor and employment claims, our labor attorneys 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 somebody you understand may have been dealt with incorrectly by a company or another worker, do not be reluctant to contact our workplace. To discuss your legal rights and alternatives, complete our free, no-obligation case evaluation type now.

What Does a Work Attorney Do?

Documentation.
First, your assigned legal team will gather records connected to your claim, including your contract, time sheets, and interactions by means of email or other job-related platforms.
These documents will help your lawyer understand the level of your claim and develop your case for compensation.

Investigation.
Your attorney and legal team will examine your office claim in excellent detail to gather the needed proof.
They will take a look at the documents you offer and might likewise take a look at employment records, contracts, and other workplace data.

Negotiation.
Your attorney 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 lawyer is prepared to go to trial and present your case in the greatest possible type.

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