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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 employment litigation cases in the nation, including those including wrongful termination, discrimination, harassment, employment wage theft, employee misclassification, character assassination, retaliation, rejection of leave, and executive pay conflicts.

The work environment must be a safe place. Unfortunately, some workers undergo unjust and unlawful conditions by deceitful companies. Workers may not know what their rights in the office are, or might hesitate of speaking out against their employer in fear of retaliation. These labor infractions can result in lost incomes and advantages, missed opportunities for development, and undue tension.

Unfair and prejudiced labor practices versus staff members can take many kinds, consisting of wrongful termination, discrimination, harassment, refusal to offer a sensible accommodation, rejection of leave, company retaliation, and wage and hour infractions. Workers who are victim to these and other dishonest practices may not know their rights, or might be scared to speak up versus their employer for worry of retaliation.

At Morgan & Morgan, our work lawyers deal with a variety of civil litigation cases including unfair labor practices against employees. Our lawyers have the understanding, commitment, and experience required to represent employees in a large range of labor conflicts. In reality, Morgan & Morgan has been recognized for submitting more labor and employment cases than any other company.

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

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What Does Labor Law and Law Cover?

Our practice represents individuals who have actually been the victim of:

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, national origin, faith, age, and special needs).

Harassment (e.g., Unwanted sexual advances, Hostile Workplace).

Unfair Labor Practices (e.g., denial of salaries, overtime, idea pooling, and equivalent 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 staff members are release for reasons that are unjust or unlawful. This is termed wrongful termination, employment wrongful discharge, or wrongful dismissal.

There are lots of situations that might be grounds for a wrongful termination suit, consisting of:

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a staff member who won’t do something prohibited for their company.

If you believe you may have been fired without appropriate cause, our labor and employment lawyers might have the ability to help you recover back pay, overdue wages, and other kinds of compensation.

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, faith, sex, nationwide origin, special needs, or age. However, some employers do just that, causing 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 work with 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 offering equivalent training opportunities for workers of different spiritual backgrounds.

Imposing task eligibility requirements that intentionally screens out people with specials needs.

Firing someone based on a protected classification.

What Are Some Examples of Workplace Harassment?

When employees undergo slurs, attacks, dangers, ridicule, offensive jokes, unwelcome sexual advances, or employment spoken or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, office harassment develops a hostile and violent work environment.

Examples of work environment harassment consist of:

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 declarations about a worker’s sexual preference.

Making negative comments about an employee’s religious beliefs.

Making prejudicial statements about a staff member’s birth place or family heritage.

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

Workplace harassment can also take the form of quid professional quo harassment. This suggests that the harassment leads to an intangible modification in an employee’s employment status. For instance, a worker may be required to tolerate sexual harassment from a manager as a condition of their continued work.

Which Industries Have the Most Overtime and Base Pay Violations?

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

However, some companies attempt to cut costs by denying workers 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 an employee “comp time” or hours that can be utilized toward holiday or ill time, instead of overtime pay for hours worked over 40 in a work week.

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

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

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

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

IT employees.

Service professionals.

Installers.

Sales agents.

Nurses and health care workers.

Tipped employees.

Oil and gas field employees.

Call center workers.

Personal lenders, mortgage brokers, and AMLs.

Retail employees.

Exotic dancers.

FedEx motorists.

Disaster relief workers.

Pizza shipment chauffeurs.

What Is Employee Misclassification?

There are a number of differences in between employees and self-employed employees, likewise understood as independent specialists or consultants. Unlike staff members, who are told when and where to work, guaranteed a routine wage amount, and entitled to employee advantages, amongst other criteria, independent contractors typically deal with a short-term, contract basis with a service, and are invoiced for their work. Independent contractors are not entitled to employee advantages, and should submit and keep their own taxes, too.

However, in current years, some companies have abused category by misclassifying bonafide staff members as professionals in an effort to save cash and circumvent laws. This is most commonly seen amongst “gig economy” workers, such as rideshare drivers and employment shipment drivers.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent professional to not need to adhere to Equal Employment Opportunity Commission laws, which prevent employment discrimination.

Misclassifying a worker to prevent registering them in a health advantages plan.

Misclassifying staff members to avoid paying base pay.

How Is Defamation of Character Defined?

Defamation is typically specified as the act of harming the credibility of an individual through slanderous (spoken) or false (written) comments. When character assassination happens in the workplace, it has the potential to harm team morale, develop alienation, and even trigger long-lasting damage to an employee’s profession prospects.

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

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

A staff member spreading a hazardous report about another worker that triggers them to be declined for a job somewhere else

A worker spreading gossip about an employee that triggers other colleagues to prevent them

What Is Considered Employer Retaliation?

It is illegal for a company to penalize a staff member for submitting a grievance or lawsuit against their employer. This is considered employer retaliation. Although employees are legally safeguarded against retaliation, it doesn’t stop some employers from punishing a worker who submitted a problem in a variety of ways, such as:

Reducing the employee’s wage

Demoting the worker

Re-assigning the worker to a less-desirable job

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

Excluding the employee from important workplace activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of lack laws differ from one state to another, there are a variety of federally mandated laws that safeguard employees who must take a prolonged time period off from work.

Under the Family Medical Leave Act (FMLA), employers need to offer unsettled leave time to employees with a qualifying household or specific medical situation, such as leave for the birth or adoption of a child or delegate take care of a partner, kid, or parent with a serious health condition. If qualified, staff members are entitled to as much as 12 weeks of unsettled 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 certain defenses to current and former uniformed service members who might need to be absent from civilian employment for a particular duration of time in order to serve in the armed forces.

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

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

Demoting a worker who took a leave of lack to take care of a passing away parent without simply cause

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

Retaliating versus a present or previous service member who took a leave of absence to serve in the armed forces

What Is Executive Compensation?

Executive compensation is the mix of base cash payment, deferred settlement, efficiency benefits, stock choices, executive perks, severance plans, and more, awarded to high-level management workers. Executive compensation plans have actually come under increased examination by regulatory companies and investors alike. If you face a conflict during the settlement of your executive pay plan, our lawyers may be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor attorneys at Morgan & Morgan have actually successfully pursued countless labor and employment claims for individuals who need it most.

In addition to our effective performance history of representing victims of labor and employment claims, our labor attorneys also represent employees before administrative firms 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 treated improperly by an employer or another employee, do not be reluctant to contact our office. To discuss your legal rights and options, fill out our free, no-obligation case review type now.

What Does an Employment Attorney Do?

Documentation.
First, your designated legal group will collect records connected to your claim, including your agreement, time sheets, and communications 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 payment.

Investigation.
Your attorney and legal team will examine your work environment claim in fantastic information to gather the needed proof.
They will look at the documents you supply and may also take a look at work records, agreements, and other work environment information.

Negotiation.
Your lawyer will work out with the defense, beyond the courtroom, to help 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 kind.

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