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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 lawyers file the a lot of work litigation cases in the nation, consisting of those including wrongful termination, discrimination, harassment, wage theft, worker misclassification, character assassination, retaliation, denial of leave, and executive pay disputes.

The workplace needs to be a safe place. Unfortunately, some workers go through unfair and illegal conditions by unethical employers. Workers might not understand what their rights in the work environment are, or may be scared of speaking up versus their employer in fear of retaliation. These labor offenses can cause lost incomes and advantages, missed out on chances for advancement, and undue stress.

Unfair and inequitable labor practices versus staff members can take numerous kinds, including wrongful termination, discrimination, harassment, rejection to give an affordable lodging, rejection of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other dishonest practices might not understand their rights, or might be afraid to speak out versus their company for worry of retaliation.

At Morgan & Morgan, our work attorneys handle a variety of civil lawsuits cases involving unfair labor practices against employees. Our lawyers possess the knowledge, dedication, and experience required to represent workers in a vast array of labor conflicts. In fact, Morgan & Morgan has been recognized for submitting more labor and work cases than any other firm.

If you believe you may have been the victim of unjust or prohibited treatment in the workplace, contact us by finishing our complimentary case assessment form.

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Our devoted group gets to work investigating your claim.

Step 3

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If we handle the case, our group battles to get you the results you should have.

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Results might vary depending upon your particular realities and legal situations.

FAQ

Get the answer to frequently asked concerns 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 individuals who have actually been the victim of:

Wrongful Termination.

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

Harassment (e.g., Sexual Harassment, Hostile Work Environment).

Unfair Labor Practices (e.g., rejection of incomes, overtime, tip 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 factors that are unfair or unlawful. This is described wrongful termination, wrongful discharge, or wrongful termination.

There are numerous scenarios that might be grounds for a wrongful termination suit, consisting of:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

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

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

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

It is illegal to victimize a task candidate or employee on the basis of race, color, religious beliefs, sex, national origin, impairment, or age. However, some employers do just that, causing a hostile and inequitable office where some workers are treated more positively than others.

Workplace discrimination can take many kinds. Some examples consist of:

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

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

Not providing equivalent training opportunities for workers of various religious backgrounds.

Imposing task eligibility criteria that deliberately screens out people with impairments.

Firing somebody based upon a protected classification.

What Are Some Examples of Workplace Harassment?

When employees undergo slurs, assaults, dangers, ridicule, offending jokes, undesirable 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 unwelcome comments about a worker’s appearance 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 unfavorable comments about a staff member’s religions.

Making prejudicial statements about a worker’s birth place 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 implies that the harassment results in an intangible modification in an employee’s work status. For instance, a staff member may be required to tolerate unwanted sexual advances from a manager as a condition of their continued employment.

Which Industries Have one of the most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) established specific workers’ 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 try to cut expenses by denying workers 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 an employee “comp time” or hours that can be used towards getaway or ill time, rather than overtime pay for hours worked over 40 in a work week.

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

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

Misclassifying an employee that must be paid overtime as “exempt” by promoting them to a “supervisory” position without actually altering the employee’s job tasks.

Some of the most vulnerable occupations to overtime and minimum wage violations include:

IT employees.

Service technicians.

Installers.

Sales agents.

Nurses and health care workers.

Tipped workers.

Oil and gas field employees.

Call center employees.

Personal lenders, home mortgage brokers, and AMLs.

Retail staff members.

Exotic dancers.

FedEx chauffeurs.

Disaster relief workers.

Pizza delivery chauffeurs.

What Is Employee Misclassification?

There are a variety of differences between workers and self-employed workers, also called independent contractors or specialists. Unlike staff members, who are informed when and where to work, guaranteed a routine wage quantity, and entitled to staff member advantages, to name a few requirements, independent specialists generally work on a short-term, agreement basis with a service, and are invoiced for their work. Independent specialists are not entitled to worker benefits, and must submit and withhold their own taxes, too.

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

Some examples of misclassifications consist of:

Misclassifying a worker as an independent contractor to not need to comply with Equal Job opportunity Commission laws, which prevent work discrimination.

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

Misclassifying staff members to avoid paying minimum wage.

How Is Defamation of Character Defined?

Defamation is usually defined as the act of damaging the track record of a person through slanderous (spoken) or false (written) comments. When disparagement takes place in the workplace, it has the prospective to hurt team morale, develop alienation, or perhaps trigger long-term damage to an employee’s career prospects.

Employers are responsible for putting a stop to damaging gossiping amongst employees if it is a regular and known incident in the office. Defamation of character in the workplace might consist of instances such as:

An employer making hazardous and unfounded accusations, such as claims of theft or incompetence, toward a worker during an efficiency evaluation

A staff member spreading out a hazardous report about another worker that causes them to be declined for a job in other places

A staff member spreading chatter about a worker that triggers other coworkers to avoid them

What Is Considered Employer Retaliation?

It is prohibited for a business to punish a staff member for filing a problem or claim against their employer. This is thought about company retaliation. Although workers are legally safeguarded against retaliation, it doesn’t stop some companies from penalizing an employee who filed a problem in a range of methods, such as:

Reducing the worker’s wage

Demoting the worker

Re-assigning the worker to a less-desirable task

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

Excluding the employee from essential office activities such as training sessions

What If a Business Denies a Leave of Absence?

While leave of lack laws differ from one state to another, there are a number of federally mandated laws that safeguard workers who should take an extended duration of time off from work.

Under the Family Medical Leave Act (FMLA), companies should provide unpaid leave time to workers with a qualifying household or individual medical situation, such as leave for the birth or adoption of a child or leave to look after a spouse, kid, or parent with a major health condition. If qualified, staff members are entitled to up to 12 weeks of unpaid leave time under the FMLA without fear of endangering their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances particular defenses to present and former uniformed service members who might require to be absent from civilian work for a particular period of time in order to serve in the armed forces.

Leave of absence can be unjustly rejected in a number of methods, including:

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

Demoting an employee who took a leave of lack to care for a passing away 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 just cause

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

What Is Executive Compensation?

Executive payment is the combination of base cash settlement, postponed payment, performance bonus offers, stock options, executive perks, severance packages, and more, granted to staff members. Executive settlement packages have come under increased analysis by regulatory firms and investors alike. If you face a conflict throughout the settlement of your executive pay package, referall.us our lawyers might be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor lawyers at Morgan & Morgan have actually effectively pursued thousands of labor and employment claims for individuals who need it most.

In addition to our successful performance history of representing victims of labor and employment claims, our labor attorneys likewise represent staff members 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 may have been dealt with incorrectly by a company or another staff member, do not be reluctant to call our workplace. To discuss your legal rights and alternatives, fill out our complimentary, no-obligation case evaluation form now.

What Does a Work Attorney Do?

Documentation.
First, your assigned legal team will gather records associated with your claim, including your contract, time sheets, and interactions by means of e-mail or other job-related platforms.
These documents will help your attorney comprehend the level of your claim and develop your case for settlement.

Investigation.
Your lawyer and legal group will examine your office claim in excellent information to collect the needed proof.
They will take a look at the files you offer and might also look at work records, agreements, and other work environment 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 attorney is prepared to go to trial and present your case in the greatest possible form.

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