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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment lawyers file one of the most employment lawsuits cases in the nation, consisting of those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, disparagement, retaliation, rejection of leave, and executive pay disagreements.

The workplace should be a safe place. Unfortunately, some employees go through unfair and prohibited conditions by dishonest employers. Workers may not understand what their rights in the workplace are, or may be afraid of speaking out versus their company in worry of retaliation. These labor infractions can lead to lost salaries and benefits, missed chances for development, and unnecessary tension.

Unfair and discriminatory labor practices against staff members can take many forms, consisting of wrongful termination, discrimination, harassment, rejection to provide a reasonable lodging, denial of leave, company retaliation, and wage and hour violations. Workers who are victim to these and other dishonest practices might not understand their rights, or may hesitate to speak up against their employer for worry of retaliation.

At Morgan & Morgan, our employment attorneys manage a variety of civil litigation cases involving unjust labor practices versus staff members. Our lawyers possess the understanding, commitment, and experience needed to represent workers in a large range of labor conflicts. In fact, Morgan & Morgan has been acknowledged for filing more labor and work cases than any other company.

If you think you may have been the victim of unreasonable or unlawful treatment in the office, call us by completing our complimentary case assessment type.

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If we take on the case, our group battles to get you the results you deserve.

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FAQ

Get the answer to frequently asked concerns about our legal services and discover 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, religion, age, and disability).

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

Unfair Labor Practices (e.g., denial of earnings, overtime, idea 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 workers are release for reasons that are unfair or prohibited. This is called wrongful termination, wrongful discharge, or wrongful dismissal.

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

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

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

If you believe you may have been fired without correct cause, our labor and employment attorneys may have the ability to help you recuperate back pay, unpaid wages, and other types of payment.

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

It is illegal to discriminate against a job applicant or employee on the basis of race, color, religious beliefs, sex, nationwide origin, impairment, or age. However, some employers do simply that, causing a hostile and inequitable workplace where some workers are dealt with more positively than others.

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

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

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

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

Imposing task eligibility criteria that intentionally evaluates out individuals with specials needs.

Firing somebody based upon a secured classification.

What Are Some Examples of Workplace Harassment?

When workers undergo slurs, attacks, threats, ridicule, offensive jokes, undesirable sexual advances, or spoken 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 violent work environment.

Examples of office 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 a worker’s sexual orientation.

Making unfavorable comments about an employee’s faiths.

Making prejudicial statements about a staff member’s birthplace or household heritage.

Making negative comments or jokes about the age of a worker 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 change in an employee’s work status. For instance, a worker may be forced 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) established certain workers’ rights, including the right to a base pay (set federally at $7.25 as of 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 employees their rightful pay through deceiving techniques. This is called wage theft, and consists of examples such as:

Paying an employee less than the federal minimum wage.

Giving a worker “comp time” or hours that can be utilized toward trip or ill time, instead of overtime spend for hours worked over 40 in a work week.

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

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

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

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

IT workers.

Service technicians.

Installers.

Sales representatives.

Nurses and health care workers.

Tipped workers.

Oil and gas field workers.

Call center employees.

Personal bankers, home mortgage brokers, and AMLs.

Retail staff members.

Strippers.

FedEx motorists.

Disaster relief workers.

Pizza shipment motorists.

What Is Employee Misclassification?

There are a number of distinctions between staff members and self-employed employees, also understood as independent specialists or consultants. Unlike workers, who are told when and where to work, guaranteed a regular wage amount, and entitled to employee advantages, to name a few criteria, independent professionals generally work on a short-term, agreement basis with a business, and are invoiced for their work. Independent contractors are not entitled to worker advantages, and must submit and withhold their own taxes, also.

However, in the last few years, some employers have actually abused category by misclassifying bonafide staff members as specialists in an attempt to save cash and 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 professional to not have to comply with Equal Job opportunity Commission laws, which prevent work discrimination.

Misclassifying a worker to avoid enrolling them in a health benefits prepare.

Misclassifying employees to prevent paying minimum wage.

How Is Defamation of Character Defined?

Defamation is generally specified as the act of harming the track record of an individual through slanderous (spoken) or libelous (written) remarks. When character assassination occurs in the office, it has the potential to hurt group morale, develop alienation, and even cause long-lasting damage to a worker’s profession potential customers.

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

A company making harmful and unfounded allegations, such as claims of theft or incompetence, toward an employee during a performance review

An employee spreading a damaging rumor about another staff member that triggers them to be turned down for a task somewhere else

An employee spreading gossip about an employee that triggers other colleagues to avoid them

What Is Considered Employer Retaliation?

It is illegal for a business to penalize a worker for submitting a grievance or claim versus their employer. This is considered employer retaliation. Although workers are lawfully secured versus retaliation, it doesn’t stop some employers from punishing a worker who submitted a problem in a range of methods, such as:

Reducing the worker’s salary

Demoting the worker

Re-assigning the employee to a less-desirable job

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

Excluding the worker from essential work environment 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 protect staff members who should take a prolonged time period off from work.

Under the Family Medical Leave Act (FMLA), employers need to offer unpaid leave time to staff members with a qualifying household or specific medical circumstance, such as leave for the birth or adoption of a child or leave to look after a spouse, child, or moms and dad with a severe health condition. If certified, staff members are entitled to approximately 12 weeks of unsettled leave time under the FMLA without fear of threatening their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances certain defenses to existing and previous uniformed service members who might need to be absent from civilian employment for a certain duration of time in order to serve in the armed forces.

Leave of absence can be unfairly denied in a number of ways, referall.us consisting of:

Firing a staff member 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 parent 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 payment is the mix of base cash settlement, delayed settlement, performance rewards, stock options, executive benefits, severance packages, and more, granted to top-level management staff members. Executive payment bundles have actually come under increased examination by regulative agencies and investors alike. If you face a disagreement throughout the settlement of your executive pay plan, our lawyers may be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our successful track record of representing victims of labor and employment claims, our labor attorneys likewise represent staff members before administrative companies 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 dealt with poorly by a company or another employee, do not hesitate to contact our workplace. To discuss your legal rights and options, fill out our free, no-obligation case evaluation kind now.

What Does an Employment Attorney Do?

Documentation.
First, your assigned legal group will gather records connected to your claim, including your agreement, time sheets, and communications via email or other work-related platforms.
These files will help your attorney comprehend the extent of your claim and build your case for compensation.

Investigation.
Your attorney and legal team will examine your office claim in excellent detail to collect the necessary proof.
They will look at the documents you supply and might also look at employment records, agreements, and other workplace data.

Negotiation.
Your lawyer will work out with the defense, outside of the courtroom, to help get you the compensation you might 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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