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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 the many work lawsuits cases in the nation, including those including wrongful termination, discrimination, harassment, wage theft, worker misclassification, character assassination, retaliation, denial of leave, and executive pay disputes.

The office ought to be a safe place. Unfortunately, some workers are subjected to unjust and prohibited conditions by deceitful companies. Workers might not understand what their rights in the work environment are, or might be scared of speaking out versus their employer in worry of retaliation. These labor violations can result in lost incomes and advantages, missed chances for development, and excessive stress.

Unfair and inequitable labor practices versus workers can take numerous types, 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 versus their employer for fear of retaliation.

At Morgan & Morgan, our employment attorneys deal with a range of civil lawsuits cases including unfair labor practices versus employees. Our lawyers possess the understanding, devotion, employment and experience required to represent workers in a wide variety of labor conflicts. In truth, Morgan & Morgan has been acknowledged for submitting more labor and employment cases than any other firm.

If you think you might have been the victim of unjust or prohibited treatment in the work environment, contact us by finishing our totally free case evaluation kind.

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Get the answer to commonly asked questions about our legal services and learn how we may help 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 impairment).

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

Unfair Labor Practices (e.g., rejection of wages, overtime, suggestion 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 staff members are let go for reasons that are unjust or prohibited. This is described wrongful termination, wrongful discharge, or wrongful dismissal.

There are many scenarios that may be premises for a wrongful termination claim, consisting of:

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 believe you may have been fired without appropriate cause, our labor and work attorneys might be able to help you recover back pay, unsettled salaries, and other kinds of compensation.

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

It is prohibited to victimize a job applicant or staff member 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 dealt with more positively than others.

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

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

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

Not supplying equivalent training opportunities for staff members of various spiritual backgrounds.

Imposing job eligibility requirements that deliberately screens out people with specials needs.

Firing somebody based upon a protected category.

What Are Some Examples of Workplace Harassment?

When workers undergo slurs, attacks, threats, ridicule, offensive jokes, unwanted sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, office harassment creates a hostile and violent work environment.

Examples of workplace harassment consist of:

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

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about an employee’s sexual orientation.

Making unfavorable remarks about a worker’s faiths.

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

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

Workplace harassment can also take the kind of quid pro quo harassment. This implies that the harassment results in an intangible modification in an employee’s employment status. For instance, a worker may be forced to tolerate unwanted sexual advances from a supervisor as a condition of their continued employment.

Which Industries Have one of the most Overtime and Minimum Wage Violations?

The Fair Labor Standards Act (FLSA) developed particular employees’ rights, consisting of 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 attempt to cut costs by rejecting workers their rightful pay through deceiving methods. This is called wage theft, and consists of examples such as:

Paying a worker less than the federal minimum wage.

Giving an employee “comp time” or hours that can be used toward trip or ill time, instead of overtime pay for hours worked over 40 in a work week.

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

Forcing workers to pay for tools of the trade or other expenses that their company need to 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 responsibilities.

Some of the most vulnerable professions to overtime and base pay infractions include:

IT workers.

Service service technicians.

Installers.

Sales representatives.

Nurses and health care workers.

Tipped workers.

Oil and gas field employees.

Call center employees.

Personal lenders, home loan brokers, and AMLs.

Retail employees.

Exotic dancers.

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 referred to as independent specialists or employment consultants. Unlike workers, who are told when and where to work, ensured a routine wage amount, and entitled to worker advantages, to name a few requirements, independent professionals normally deal with a short-term, agreement basis with an organization, and are invoiced for their work. Independent specialists are not entitled to employee benefits, and need to file and withhold their own taxes, also.

However, in current years, some employers have abused classification by misclassifying bonafide staff members as professionals in an effort to conserve cash and circumvent laws. This is most typically seen amongst “gig economy” workers, such as rideshare motorists and shipment motorists.

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 work discrimination.

Misclassifying an employee to prevent enrolling them in a health benefits prepare.

Misclassifying employees to avoid paying base pay.

How Is Defamation of Character Defined?

Defamation is typically specified as the act of harming the credibility of a person through slanderous (spoken) or libelous (written) comments. When character assassination happens in the workplace, it has the prospective to harm team morale, create alienation, or even cause long-term damage to a worker’s career potential customers.

Employers are accountable for putting a stop to hazardous gossiping among staff members if it is a routine and known event in the workplace. Defamation of character in the workplace might include instances such as:

A company making damaging and unfounded claims, such as claims of theft or incompetence, towards a staff member throughout a performance evaluation

A worker spreading a harmful rumor about another employee that triggers them to be denied for a task elsewhere

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 an employee for filing a complaint or claim against their company. This is thought about employer retaliation. Although workers are legally safeguarded versus retaliation, it does not stop some employers from punishing a staff member who filed a complaint in a variety of methods, such as:

Reducing the worker’s salary

Demoting the employee

Re-assigning the employee to a less-desirable job

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

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

What If a Business Denies a Leave of Absence?

While leave of absence laws differ from state to state, there are a number of federally mandated laws that safeguard employees who should take an extended period of time off from work.

Under the Family Medical Leave Act (FMLA), employers must use unpaid leave time to staff members with a qualifying household or private medical scenario, such as leave for the birth or adoption of an infant or employment delegate look after a spouse, kid, or moms and dad with a serious health condition. If certified, staff members are entitled to approximately 12 weeks of unpaid 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, assurances specific defenses to present and former uniformed service members who might require to be absent from civilian employment for a particular duration of time in order to serve in the militaries.

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

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

Demoting a staff member who took a leave of lack to care for a passing away moms and dad without just cause

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

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

What Is Executive Compensation?

is the mix of base cash compensation, deferred settlement, efficiency bonuses, stock options, executive benefits, severance bundles, and more, granted to high-level management staff members. Executive payment packages have come under increased scrutiny by regulative firms and investors alike. If you deal with a conflict throughout the negotiation of your executive pay plan, our attorneys might have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor legal representatives at Morgan & Morgan have 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 lawyers likewise represent workers before administrative firms 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 somebody you know may have been treated improperly by a company or another worker, do not think twice to contact our office. To discuss your legal rights and alternatives, complete our complimentary, 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 interactions by means of email or other job-related platforms.
These files will help your lawyer comprehend the degree of your claim and develop your case for compensation.

Investigation.
Your attorney and legal group will examine your workplace claim in terrific information to collect the essential proof.
They will look at the documents you offer and may also take a look at employment records, agreements, and other work environment data.

Negotiation.
Your lawyer will work out with the defense, outside of the courtroom, to help get you the payment you might be entitled to.
If settlement negotiations are unsuccessful, your lawyer is prepared to go to trial and present your case in the greatest possible kind.

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