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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 submit one of the most work lawsuits cases in the nation, consisting of those including wrongful termination, discrimination, harassment, wage theft, worker misclassification, libel, retaliation, rejection of leave, and executive pay conflicts.

The workplace must be a safe location. Unfortunately, some employees go through unfair and prohibited conditions by unscrupulous companies. Workers might not know what their rights in the office are, or might hesitate of speaking out against their employer in worry of retaliation. These labor infractions can result in lost earnings and benefits, missed chances for improvement, and undue tension.

Unfair and discriminatory labor practices against employees can take numerous kinds, including wrongful termination, discrimination, harassment, refusal to offer an affordable accommodation, rejection of leave, employer retaliation, and wage and hour infractions. Workers who are victim to these and other unethical practices may not know their rights, or might be afraid to speak out against their company for worry of retaliation.

At Morgan & Morgan, our employment attorneys deal with a range of civil litigation cases including unreasonable labor practices against employees. Our attorneys have the knowledge, devotion, and experience required to represent employees in a vast array of labor disagreements. In fact, Morgan & Morgan has actually been recognized for submitting more labor and employment cases than any other firm.

If you believe you may have been the victim of unjust or illegal treatment in the office, contact us by completing our free case assessment kind.

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FAQ

Get the answer to frequently asked questions 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 been the victim of:

Wrongful Termination.

Discrimination (e.g., sex, race, color, employment harassment, nationwide origin, religion, age, and impairment).

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

Unfair Labor Practices (e.g., denial of wages, 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 let go for reasons that are unreasonable or unlawful. This is called wrongful termination, wrongful discharge, or wrongful dismissal.

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

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who will not do something unlawful for their employer.

If you believe you might have been fired without proper cause, our labor and work attorneys may have the ability to assist you recover back pay, unsettled earnings, and other kinds of payment.

What Are the Most Common Forms of ?

It is prohibited to discriminate versus a job candidate or worker on the basis of race, color, faith, sex, national origin, disability, or age. However, some companies do just that, leading to a hostile and inequitable work environment where some workers are dealt with more favorably than others.

Workplace discrimination can take many forms. Some examples include:

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

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

Not offering equal training chances for employees of various religious backgrounds.

Imposing task eligibility requirements that intentionally evaluates out individuals with disabilities.

Firing somebody based upon a secured classification.

What Are Some Examples of Workplace Harassment?

When workers go through slurs, assaults, threats, ridicule, offensive jokes, undesirable 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 produces a hostile and violent workplace.

Examples of workplace harassment consist of:

Making undesirable remarks about a worker’s look or body.

Telling a vulgar or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial declarations about a worker’s sexual preference.

Making negative comments about a staff member’s spiritual beliefs.

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

Making unfavorable comments or jokes about the age of a staff member over the age of 40.

Workplace harassment can also take the type of quid professional quo harassment. This indicates that the harassment results in an intangible modification in an employee’s work status. For example, a staff member may be forced to endure unwanted sexual advances from a manager 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) established specific employees’ rights, consisting of 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 employees.

However, some employers try to cut expenses by rejecting employees their rightful pay through deceiving methods. This is called wage theft, and consists of examples such as:

Paying a worker less than the federal base pay.

Giving a worker “comp time” or hours that can be used towards getaway or sick time, rather than overtime spend for hours worked over 40 in a work week.

Forcing tipped workers to pool their ideas with non-tipped workers, such as supervisors or cooks.

Forcing workers to spend for tools of the trade or other expenditures that their employer must pay.

Misclassifying a worker that should be paid overtime as “exempt” by promoting them to a “supervisory” position without in fact altering the employee’s task responsibilities.

A few of the most vulnerable occupations to overtime and base pay infractions include:

IT workers.

Service specialists.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped staff members.

Oil and gas field employees.

Call center workers.

Personal bankers, home loan brokers, and AMLs.

Retail staff members.

Strippers.

FedEx chauffeurs.

Disaster relief employees.

Pizza delivery motorists.

What Is Employee Misclassification?

There are a variety of distinctions between staff members and self-employed employees, likewise called independent specialists or specialists. Unlike workers, who are informed when and where to work, guaranteed a routine wage amount, and entitled to employee advantages, amongst other criteria, independent professionals generally work on a short-term, contract basis with an organization, and are invoiced for their work. Independent contractors are not entitled to staff member benefits, and need to submit and keep their own taxes, also.

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

Some examples of misclassifications consist of:

Misclassifying a worker as an independent specialist to not have to comply with Equal Employment Opportunity Commission laws, which avoid employment discrimination.

Misclassifying a worker to avoid enrolling them in a health advantages plan.

Misclassifying employees to prevent paying out base pay.

How Is Defamation of Character Defined?

Defamation is typically specified as the act of harming the reputation of an individual through slanderous (spoken) or disparaging (written) remarks. When disparagement takes place in the office, it has the prospective to damage group spirits, create alienation, and even trigger long-lasting damage to a worker’s profession prospects.

Employers are accountable for putting a stop to harmful gossiping amongst employees if it is a routine and known incident in the office. 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, toward a worker throughout a performance evaluation

An employee spreading a harmful rumor about another employee that triggers them to be declined for a job in other places

An employee dispersing gossip 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 complaint or suit against their company. This is considered employer retaliation. Although workers are legally safeguarded versus retaliation, it does not stop some companies from penalizing a worker who filed a grievance in a range of ways, such as:

Reducing the worker’s income

Demoting the employee

Re-assigning the worker to a less-desirable job

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

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

What If a Business Denies a Leave of Absence?

While leave of lack laws vary from state to state, there are a number of federally mandated laws that safeguard staff members who should take an extended duration of time off from work.

Under the Family Medical Leave Act (FMLA), companies should offer unsettled leave time to employees with a certifying household or individual medical scenario, such as leave for the birth or adoption of a child or delegate take care of a spouse, child, or moms and dad with a major health condition. If certified, workers are entitled to as much as 12 weeks of unsettled leave time under the FMLA without fear of threatening their task status.

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

Leave of lack can be unfairly rejected in a number of methods, consisting of:

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

Demoting an employee who took a leave of lack to take care of a dying moms and dad without simply cause

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

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

What Is Executive Compensation?

Executive compensation is the combination of base cash payment, postponed settlement, performance perks, stock choices, executive benefits, severance plans, and more, awarded to high-level management staff members. Executive payment packages have come under increased analysis by regulatory companies and shareholders alike. If you deal with a disagreement during the settlement of your executive pay bundle, our lawyers may have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor attorneys at Morgan & Morgan have effectively pursued countless labor and work claims for individuals who require it most.

In addition to our successful track record of representing victims of labor and work claims, our labor employment attorneys also represent staff members 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 someone you understand may have been dealt with incorrectly by a company or another worker, do not think twice to call our workplace. To discuss your legal rights and options, complete our free, no-obligation case evaluation type now.

What Does an Employment Attorney Do?

Documentation.
First, your appointed legal group will collect records associated with your claim, including your agreement, time sheets, and communications by means of email or other work-related platforms.
These files will assist your attorney understand the degree of your claim and employment build your case for settlement.

Investigation.
Your lawyer and legal group will examine your work environment claim in great detail to collect the required proof.
They will take a look at the documents you supply and employment might also look at work records, contracts, and other office information.

Negotiation.
Your attorney will negotiate with the defense, outside of the courtroom, to help get you the payment you might 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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