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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 employment litigation cases in the nation, consisting of those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, libel, retaliation, denial of leave, and executive pay disputes.

The office should be a safe location. Unfortunately, some employees go through unjust and prohibited conditions by unscrupulous companies. Workers might not know what their rights in the work environment are, or might hesitate of speaking out against their employer in worry of retaliation. These labor violations can lead to lost salaries and benefits, missed out on for improvement, and excessive stress.

Unfair and inequitable labor practices against staff members can take numerous forms, including wrongful termination, discrimination, harassment, rejection to give a reasonable 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 scared to speak up versus their employer for worry of retaliation.

At Morgan & Morgan, our work attorneys manage a variety of civil lawsuits cases involving unreasonable labor practices against workers. Our attorneys have the knowledge, commitment, and experience needed to represent workers in a broad variety of labor conflicts. In reality, Morgan & Morgan has actually been acknowledged for filing more labor and employment cases than any other company.

If you believe you might have been the victim of unfair or illegal treatment in the workplace, contact us by finishing our free case examination kind.

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FAQ

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

Wrongful Termination.

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

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

Unfair Labor Practices (e.g., denial of earnings, overtime, suggestion 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 employees are release for reasons that are unjust or unlawful. This is called wrongful termination, wrongful discharge, or wrongful dismissal.

There are numerous circumstances that may be grounds for a wrongful termination claim, including:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

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

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

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to discriminate against a job candidate or employee on the basis of race, color, religious beliefs, sex, nationwide origin, disability, or age. However, some companies do simply that, leading to a hostile and inequitable workplace where some workers are treated more positively than others.

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

Refusing to work with somebody on the basis of their skin color.

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

Not offering equivalent training chances for employment workers of various religious backgrounds.

Imposing job eligibility criteria that intentionally screens out individuals with disabilities.

Firing someone based upon a safeguarded classification.

What Are Some Examples of Workplace Harassment?

When workers undergo slurs, assaults, dangers, ridicule, offending jokes, unwelcome 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 develops a hostile and abusive workplace.

Examples of office harassment include:

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

Telling a repulsive or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial statements about a worker’s sexual preference.

Making negative remarks about an employee’s spiritual beliefs.

Making prejudicial declarations about a staff member’s birth place or household heritage.

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

Workplace harassment can likewise take the form of quid professional quo harassment. This implies that the harassment results in an intangible modification in an employee’s employment status. For instance, a staff member may be required to tolerate sexual harassment from a supervisor as a condition of their continued employment.

Which Industries Have 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 as of 2020) and overtime spend for all hours worked over 40 in a workweek for non-exempt workers.

However, some companies attempt to cut expenses by denying employees their rightful pay through deceitful approaches. This is called wage theft, and consists of examples such as:

Paying an employee less than the federal minimum wage.

Giving an employee “comp time” or hours that can be utilized toward getaway or ill time, instead of overtime pay 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 employer ought to pay.

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

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

IT workers.

Service professionals.

Installers.

Sales agents.

Nurses and healthcare employees.

Tipped staff members.

Oil and gas field workers.

Call center employees.

Personal lenders, home mortgage brokers, and AMLs.

Retail workers.

Strippers.

FedEx motorists.

Disaster relief employees.

Pizza shipment drivers.

What Is Employee Misclassification?

There are a variety of differences between workers and self-employed employees, also called independent contractors or consultants. Unlike employees, who are told when and where to work, ensured a regular wage amount, and entitled to employee advantages, among other criteria, independent professionals usually deal with a short-term, contract basis with a company, and are invoiced for their work. Independent contractors are not entitled to staff member benefits, and must file and keep their own taxes, as well.

However, over the last few years, some employers have actually abused category by misclassifying bonafide staff members as professionals in an effort to conserve cash and prevent laws. This is most frequently seen amongst “gig economy” employees, such as rideshare motorists and shipment motorists.

Some examples of misclassifications consist of:

Misclassifying a worker as an independent specialist 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 benefits plan.

Misclassifying workers to prevent paying minimum wage.

How Is Defamation of Character Defined?

Defamation is generally specified as the act of harming the credibility of an individual through slanderous (spoken) or libelous (written) remarks. When defamation occurs in the office, it has the prospective to harm team morale, develop alienation, and even trigger long-term damage to a worker’s career potential customers.

Employers are accountable for putting a stop to damaging gossiping among employees if it is a routine and known occurrence in the workplace. Defamation of character in the office may include instances such as:

A company making damaging and unproven claims, such as claims of theft or incompetence, toward a worker throughout an efficiency evaluation

An employee spreading a harmful report about another employee that triggers them to be refused for a job elsewhere

An employee dispersing gossip about a worker that causes other coworkers to prevent them

What Is Considered Employer Retaliation?

It is illegal for a business to penalize an employee for filing a complaint or lawsuit against their employer. This is considered company retaliation. Although workers are legally secured against retaliation, it doesn’t stop some companies from penalizing a staff member who submitted a grievance in a range of ways, such as:

Reducing the worker’s wage

Demoting the worker

Re-assigning the employee to a less-desirable job

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

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

What If a Company Denies a Leave of Absence?

While leave of absence laws vary from state to state, there are a number of federally mandated laws that secure employees who should take a prolonged time period off from work.

Under the Family Medical Leave Act (FMLA), employers need to provide overdue leave time to staff members with a qualifying household or private medical circumstance, such as leave for the birth or adoption of a baby or leave to take care of a partner, kid, or moms and dad with a serious health condition. If qualified, workers are entitled to up to 12 weeks of overdue leave time under the FMLA without worry of jeopardizing their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties particular protections to existing and former uniformed service members who might need to be absent from civilian employment for a certain period of time in order to serve in the militaries.

Leave of absence can be unfairly rejected in a variety of methods, consisting of:

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

Demoting an employee who took a leave of lack to care for 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 militaries

What Is Executive Compensation?

Executive settlement is the mix of base cash settlement, postponed compensation, performance bonus offers, stock options, executive advantages, severance bundles, and more, granted to top-level management employees. Executive compensation packages have actually come under increased scrutiny by regulative companies and investors alike. If you face a dispute throughout the negotiation of your executive pay plan, our attorneys might be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our successful track record of representing victims of labor and work claims, our labor lawyers likewise represent workers 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 somebody you know may have been treated incorrectly by an employer or another employee, do not hesitate to call our office. To discuss your legal rights and options, submit our free, no-obligation case review kind now.

What Does a Work Attorney Do?

Documentation.
First, your appointed legal team will gather records connected to your claim, including your agreement, time sheets, and communications via email or other job-related platforms.
These files will help your lawyer understand the extent of your claim and construct your case for settlement.

Investigation.
Your lawyer and legal team will investigate your office claim in excellent detail to collect the necessary evidence.
They will look at the documents you provide and might likewise look at work records, agreements, and other work environment information.

Negotiation.
Your lawyer will work out with the defense, beyond the courtroom, to assist get you the compensation you may be entitled to.
If settlement negotiations are unsuccessful, employment your lawyer is prepared to go to trial and present your case in the greatest possible type.

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