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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 the many employment lawsuits cases in the nation, consisting of those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, character assassination, retaliation, denial of leave, and executive pay disagreements.

The workplace should be a safe location. Unfortunately, some employees are subjected to unjust and unlawful conditions by unethical employers. Workers might not know what their rights in the workplace are, or might be scared of speaking up versus their company in fear of retaliation. These labor infractions can lead to lost wages and benefits, missed chances for advancement, and unnecessary tension.

Unfair and prejudiced labor practices against staff members can take numerous forms, including wrongful termination, discrimination, harassment, refusal to offer a sensible accommodation, rejection 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 out versus their company for fear of retaliation.

At Morgan & Morgan, our work lawyers handle a range of civil litigation cases involving unfair labor practices versus workers. Our lawyers have the understanding, dedication, and experience required to represent employees in a large range of labor disagreements. In reality, Morgan & Morgan has actually been recognized for submitting more labor and employment cases than any other firm.

If you think you may 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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FAQ

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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, employment color, harassment, nationwide origin, religion, age, and special needs).

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

Unfair Labor Practices (e.g., denial of earnings, overtime, tip 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 release for reasons that are unjust or prohibited. This is described wrongful termination, wrongful discharge, or wrongful termination.

There are many circumstances that may be grounds for a wrongful termination suit, consisting of:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

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

If you think you may have been fired without proper cause, our labor and work attorneys may be able to help you recuperate back pay, overdue salaries, and other types of compensation.

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

It is illegal to discriminate against a job candidate or staff member on the basis of race, color, faith, sex, nationwide origin, employment special needs, or age. However, some employers do just that, causing a hostile and inequitable workplace where some employees are dealt with more favorably 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 staff member for a promo in favor of a male employee with less experience.

Not offering equal training opportunities for employees of various spiritual backgrounds.

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

Firing someone based on a safeguarded classification.

What Are Some Examples of Workplace Harassment?

When workers are subjected to slurs, assaults, dangers, ridicule, offensive jokes, unwanted sexual advances, or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment produces a hostile and abusive work environment.

Examples of office harassment consist of:

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

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about an employee’s sexual orientation.

Making negative remarks about a worker’s religious beliefs.

Making prejudicial statements about a worker’s birthplace or household heritage.

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

Workplace harassment can likewise take the kind of quid professional quo harassment. This indicates that the harassment leads to an intangible modification in a staff member’s employment status. For instance, a worker may be forced to tolerate sexual harassment 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, 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 employees.

However, some employers try to cut costs by denying employees their rightful pay through deceitful techniques. 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 toward vacation or ill time, rather than overtime spend for hours worked over 40 in a work week.

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

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

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

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

IT employees.

Service professionals.

Installers.

Sales representatives.

Nurses and healthcare workers.

Tipped workers.

Oil and gas field employees.

Call center employees.

Personal lenders, mortgage brokers, and AMLs.

Retail staff members.

Exotic dancers.

FedEx motorists.

Disaster relief employees.

Pizza shipment motorists.

What Is Employee Misclassification?

There are a variety of distinctions in between employees and self-employed employees, likewise known as independent professionals or consultants. Unlike employees, who are informed when and where to work, ensured a routine wage amount, and entitled to employee advantages, among other requirements, independent professionals normally work on a short-term, contract basis with a company, and are invoiced for their work. Independent specialists are not entitled to worker benefits, and must file and keep their own taxes, too.

However, in the last few years, some employers have actually abused classification by misclassifying bonafide workers as contractors in an effort to save cash and circumvent laws. This is most typically seen amongst “gig economy” workers, such as rideshare drivers and delivery chauffeurs.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent contractor to not need to abide by Equal Job opportunity Commission laws, which avoid work discrimination.

Misclassifying an employee to avoid registering them in a health advantages prepare.

Misclassifying employees to avoid paying minimum wage.

How Is Defamation of Character Defined?

Defamation is generally defined as the act of harming the reputation of a person through slanderous (spoken) or false (written) comments. When character assassination occurs in the workplace, it has the potential to hurt team morale, develop alienation, or even trigger long-term damage to a worker’s career potential customers.

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

A company making hazardous and unproven allegations, such as claims of theft or incompetence, towards a staff member throughout a performance evaluation

A staff member spreading a damaging rumor about another employee that triggers them to be declined for a task somewhere else

An employee spreading chatter about an employee that triggers other colleagues to prevent them

What Is Considered Employer Retaliation?

It is illegal for a company to punish an employee for filing a problem or suit against their company. This is thought about company retaliation. Although employees are lawfully safeguarded versus retaliation, it does not stop some companies from punishing a staff member who submitted a complaint in a variety of ways, such as:

Reducing the employee’s income

Demoting the employee

Re-assigning the employee to a less-desirable job

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

Excluding the employee from vital work environment 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 number of federally mandated laws that secure workers who should take an extended period of time off from work.

Under the Family Medical Leave Act (FMLA), employment employers must offer unpaid leave time to employees with a qualifying family or specific medical circumstance, such as leave for the birth or adoption of an infant or delegate look after a partner, kid, or moms and employment dad 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 worry of threatening their task status.

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

Leave of lack can be unfairly denied in a variety of ways, including:

Firing a worker who took a leave of absence for the birth or adoption of their infant without just cause

Demoting a staff member 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 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 settlement is the combination of base money compensation, deferred compensation, efficiency bonuses, stock choices, executive benefits, severance bundles, and more, awarded to high-level management workers. Executive compensation plans have come under increased scrutiny by regulative companies and investors alike. If you face a dispute throughout the settlement of your executive pay package, our lawyers may have the ability to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our effective track record of representing victims of labor and employment claims, our labor attorneys likewise represent employees before administrative firms 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 employment somebody you know might have been dealt with improperly by a company or another employee, do not hesitate to contact our workplace. To discuss your legal rights and alternatives, fill out our free, no-obligation case review 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 communications by means of email or other work-related platforms.
These files will assist your attorney comprehend the degree of your claim and construct your case for payment.

Investigation.
Your lawyer and legal team will examine your work environment claim in fantastic information to collect the required evidence.
They will take a look at the documents you provide and may likewise look at employment records, agreements, and other workplace information.

Negotiation.
Your attorney will negotiate with the defense, outside of the courtroom, to help get you the compensation you may be entitled to.
If settlement negotiations are not successful, your attorney is prepared to go to trial and present your case in the greatest possible type.

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