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Labor and Employment Attorneys

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– Protecting Families Since 1988.

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s work attorneys file one of the most work litigation cases in the country, consisting of those including wrongful termination, discrimination, harassment, wage theft, worker misclassification, disparagement, retaliation, denial of leave, and executive pay conflicts.

The office must be a safe location. Unfortunately, some workers undergo unfair and unlawful conditions by deceitful companies. Workers might not know what their rights in the work environment are, or may hesitate of speaking up against their employer in worry of retaliation. These labor infractions can cause lost wages and benefits, missed chances for advancement, and excessive stress.

Unfair and prejudiced labor practices against workers can take numerous forms, including wrongful termination, discrimination, harassment, rejection to provide a sensible accommodation, rejection of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices might not know their rights, or may be afraid to speak out against their employer for fear of retaliation.

At Morgan & Morgan, our employment attorneys deal with a range of civil lawsuits cases involving unfair labor practices versus staff members. Our attorneys have the understanding, commitment, and experience required to represent employees in a wide variety of labor disputes. In truth, Morgan & Morgan has actually been recognized for filing more labor and employment cases than any other firm.

If you believe you might have been the victim of unjust or illegal treatment in the workplace, call us by finishing our complimentary case assessment type.

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FAQ

Get the answer to frequently asked questions about our legal services and find out how we may 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, nationwide origin, religious beliefs, age, and disability).

Harassment (e.g., Sexual Harassment, Hostile Workplace).

Unfair Labor Practices (e.g., rejection of salaries, overtime, suggestion pooling, and equal 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 unjust or prohibited. This is described wrongful termination, wrongful discharge, or wrongful termination.

There are numerous scenarios that may be premises for a wrongful termination lawsuit, consisting of:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

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

If you believe you might have been fired without proper cause, our labor and work lawyers may be able to help you recover back pay, unsettled wages, and other kinds of settlement.

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

It is illegal to discriminate versus a job candidate or employee on the basis of race, color, religious beliefs, sex, national origin, impairment, or age. However, some employers do just that, leading to a hostile and inequitable office where some employees are treated more favorably than others.

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

Refusing to hire somebody on the basis of their skin color.

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

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

Imposing task eligibility requirements that deliberately screens out people with disabilities.

Firing somebody based on a secured category.

What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, attacks, threats, 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, work environment harassment develops a hostile and abusive workplace.

Examples of work environment harassment include:

Making unwanted remarks about a worker’s appearance or body.

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about an employee’s sexual preference.

Making unfavorable comments about a staff member’s religious beliefs.

Making prejudicial declarations about a staff member’s birthplace or family heritage.

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

Workplace harassment can also take the kind of quid professional quo harassment. This suggests that the harassment results in an intangible modification in an employee’s work status. For example, a staff member might be required to endure unwanted sexual advances from a manager as a condition of their continued work.

Which Industries Have the Most Overtime and Minimum Wage Violations?

The Fair Labor Standards Act (FLSA) developed certain employees’ rights, consisting of the right to a minimum wage (set federally at $7.25 since 2020) and overtime spend for all hours worked over 40 in a workweek for non-exempt employees.

However, some companies try to cut expenses by denying employees their rightful pay through sly techniques. This is called wage theft, and includes examples such as:

Paying a worker less than the federal minimum wage.

Giving an employee “comp time” or hours that can be utilized towards vacation or sick time, instead of overtime spend for hours worked over 40 in a work week.

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

Forcing employees to spend for tools of the trade or other expenses that their employer should pay.

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

Some of the most vulnerable professions to overtime and minimum wage offenses consist of:

IT employees.

Service technicians.

Installers.

Sales agents.

Nurses and health care workers.

Tipped workers.

Oil and gas field workers.

Call center employees.

Personal bankers, mortgage brokers, and AMLs.

Retail staff members.

Strippers.

FedEx motorists.

Disaster relief workers.

Pizza delivery chauffeurs.

What Is Employee Misclassification?

There are a number of distinctions between staff members and self-employed employees, likewise known as independent contractors or specialists. Unlike employees, who are informed when and where to work, ensured a regular wage quantity, and entitled to staff member benefits, to name a few requirements, independent professionals typically work on a short-term, agreement basis with an organization, and are invoiced for adremcareers.com their work. Independent specialists are not entitled to staff member advantages, and should submit and keep their own taxes, as well.

However, in recent years, some companies have actually abused category by misclassifying bonafide staff members as specialists in an attempt to conserve money and circumvent laws. This is most commonly seen among “gig economy” employees, such as rideshare motorists and delivery drivers.

Some examples of misclassifications include:

Misclassifying a worker as an independent professional to not need to abide by Equal Employment Opportunity Commission laws, which avoid employment discrimination.

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

staff members to avoid paying minimum wage.

How Is Defamation of Character Defined?

Defamation is typically defined as the act of harming the reputation of an individual through slanderous (spoken) or libelous (written) remarks. When disparagement happens in the office, it has the possible to hurt group morale, develop alienation, or even cause long-lasting damage to an employee’s career potential customers.

Employers are accountable for stopping damaging gossiping among employees if it is a regular and referall.us known incident in the work environment. Defamation of character in the office may consist of circumstances such as:

An employer making harmful and unfounded allegations, such as claims of theft or incompetence, toward an employee throughout a performance evaluation

An employee spreading out a damaging rumor about another employee that causes them to be refused for a job somewhere else

A worker dispersing gossip about an employee that causes other coworkers to prevent them

What Is Considered Employer Retaliation?

It is prohibited for a business to penalize a worker for filing a grievance or suit versus their employer. This is thought about employer retaliation. Although workers are lawfully safeguarded against retaliation, it doesn’t stop some companies from penalizing a worker who filed a grievance in a range of methods, such as:

Reducing the employee’s salary

Demoting the employee

Re-assigning the worker to a less-desirable task

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

Excluding the employee from essential workplace activities such as training sessions

What If a Business Denies a Leave of Absence?

While leave of absence laws differ from one state to another, there are a variety of federally mandated laws that secure employees who need to take an extended time period off from work.

Under the Family Medical Leave Act (FMLA), employers should offer unsettled leave time to staff members with a certifying household or individual medical scenario, such as leave for the birth or adoption of a child or leave to care for a spouse, kid, or parent with a severe health condition. If certified, 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, warranties specific defenses to current and former uniformed service members who might require to be missing from civilian employment for a particular time period in order to serve in the armed forces.

Leave of absence can be unjustly denied in a variety of ways, consisting of:

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

Demoting a staff member who took a leave of absence to look after a dying moms and dad without simply cause

Firing a re-employed service member who took a leave of absence to serve in the armed forces without simply cause

Retaliating against a present or former service member who took a leave of lack to serve in the militaries

What Is Executive Compensation?

Executive compensation is the mix of base money settlement, delayed compensation, performance benefits, stock options, executive perks, severance packages, and more, granted to top-level management workers. Executive compensation packages have actually come under increased scrutiny by regulative firms and shareholders alike. If you deal with a conflict throughout the negotiation of your executive pay bundle, our attorneys might 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 countless labor and employment claims for the individuals who require it most.

In addition to our effective performance history of representing victims of labor and employment claims, our labor lawyers also 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 someone you know may have been treated poorly by a company or another employee, do not hesitate to call our office. To discuss your legal rights and choices, complete our totally free, no-obligation case evaluation form now.

What Does an Employment Attorney Do?

Documentation.
First, your appointed legal team will gather records connected to your claim, including your contract, time sheets, and communications by means of email or other job-related platforms.
These files will help your attorney understand the degree of your claim and build your case for payment.

Investigation.
Your attorney and legal team will examine your office claim in great information to gather the necessary proof.
They will look at the files you provide and may likewise take a look at work records, contracts, and other work environment data.

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

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