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

The workplace must be a safe place. Unfortunately, some employees are subjected to unreasonable and prohibited conditions by unscrupulous companies. Workers might not know what their rights in the office are, or may be scared of speaking up against their employer in fear of retaliation. These labor offenses can result in lost incomes and advantages, missed out on opportunities for advancement, and undue stress.

Unfair and inequitable labor practices against workers can take lots of kinds, consisting of wrongful termination, discrimination, harassment, refusal to provide an affordable lodging, rejection of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices might not know their rights, or may hesitate to speak up against their employer for worry of retaliation.

At Morgan & Morgan, our employment lawyers handle a variety of civil lawsuits cases including unfair labor practices versus staff members. Our attorneys have the understanding, devotion, and experience needed to represent employees in a vast array of labor disagreements. In truth, Morgan & Morgan has been recognized for submitting more labor and employment cases than any other firm.

If you believe you might have been the victim of unjust or unlawful treatment in the work environment, contact us by our totally free case assessment kind.

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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, religion, age, and disability).

Harassment (e.g., Unwanted sexual advances, Hostile Work Environment).

Unfair Labor Practices (e.g., denial 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 claims.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes workers are let go for factors that are unfair or prohibited. This is called wrongful termination, wrongful discharge, or wrongful termination.

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

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who won’t do something unlawful for their company.

If you think you may have been fired without correct cause, our labor and work attorneys might have the ability to assist you recuperate back pay, overdue incomes, and other types of settlement.

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

It is unlawful to discriminate versus a job candidate or worker on the basis of race, employment color, employment religious beliefs, sex, national origin, special needs, or age. However, some employers do just that, resulting in a hostile and inequitable work environment where some workers are treated more positively than others.

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

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

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

Not supplying equivalent training opportunities for employees of various spiritual backgrounds.

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

Firing somebody based on a safeguarded category.

What Are Some Examples of Workplace Harassment?

When workers are subjected to slurs, attacks, dangers, ridicule, offensive jokes, unwanted sexual advances, or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, work environment harassment produces a hostile and abusive workplace.

Examples of office harassment include:

Making unwelcome remarks about an employee’s look or body.

Telling a repulsive or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial statements about an employee’s sexual preference.

Making unfavorable comments about a worker’s religious beliefs.

Making prejudicial statements about a worker’s birth place or household heritage.

Making negative comments or jokes about the age of a staff member over the age of 40.

Workplace harassment can likewise take the kind of quid pro quo harassment. This means that the harassment leads to an intangible change in a staff member’s work status. For example, a staff member may be forced to tolerate sexual harassment from a manager as a condition of their continued work.

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

The Fair Labor Standards Act (FLSA) developed specific employees’ rights, employment consisting of the right to a base pay (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 rejecting workers their rightful pay through deceiving techniques. This is called wage theft, and includes examples such as:

Paying an employee less than the federal base pay.

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

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

Forcing workers to pay for tools of the trade or other costs that their company should pay.

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

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

IT employees.

Service technicians.

Installers.

Sales representatives.

Nurses and healthcare workers.

Tipped staff members.

Oil and gas field employees.

Call center employees.

Personal lenders, mortgage brokers, and AMLs.

Retail employees.

Strippers.

FedEx motorists.

Disaster relief workers.

Pizza delivery drivers.

What Is Employee Misclassification?

There are a variety of distinctions in between staff members and self-employed employees, likewise called independent professionals or experts. Unlike employees, employment who are informed when and where to work, guaranteed a routine wage quantity, and entitled to staff member advantages, amongst other requirements, independent professionals generally deal with a short-term, contract basis with a business, and are invoiced for their work. Independent specialists are not entitled to staff member benefits, and need to submit and withhold their own taxes, too.

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

Some examples of misclassifications include:

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

Misclassifying an employee to avoid registering them in a health advantages prepare.

Misclassifying employees to prevent 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 defamatory (written) comments. When disparagement happens in the workplace, it has the prospective to harm team spirits, create alienation, or even cause long-lasting damage to a worker’s career prospects.

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

A company making harmful and unproven accusations, such as claims of theft or incompetence, toward a staff member during an efficiency evaluation

A worker spreading out a harmful report about another worker that triggers them to be denied for a job elsewhere

A staff member dispersing chatter about a worker that causes other coworkers to prevent them

What Is Considered Employer Retaliation?

It is prohibited for a business to penalize an employee for filing a problem or employment lawsuit against their employer. This is considered company retaliation. Although workers are lawfully secured against retaliation, it does not stop some companies from penalizing a worker who filed a problem in a range of ways, such as:

Reducing the employee’s income

Demoting the employee

Re-assigning the worker to a less-desirable job

Re-assigning the worker to a shift that develops a work-family conflict

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

What If a Business Denies a Leave of Absence?

While leave of lack laws differ from state to state, there are a number of federally mandated laws that protect staff members who must take an extended duration of time off from work.

Under the Family Medical Leave Act (FMLA), companies need to offer overdue leave time to employees with a qualifying household or individual medical situation, such as leave for the birth or adoption of an infant or delegate take care of a partner, kid, or employment parent with a severe health condition. If qualified, workers are entitled to approximately 12 weeks of unpaid leave time under the FMLA without fear of jeopardizing their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances particular securities to existing and previous uniformed service members who may need to be absent from civilian work for a certain time period in order to serve in the armed forces.

Leave of lack can be unjustly denied in a number of methods, consisting of:

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

Demoting an employee who took a leave of lack to look after a passing away parent without simply cause

Firing a re-employed service member who took a leave of absence 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 combination of base cash compensation, deferred settlement, efficiency rewards, stock alternatives, executive benefits, severance bundles, and more, granted to top-level management workers. Executive settlement bundles have come under increased scrutiny by regulative agencies and investors alike. If you deal with a conflict during the negotiation of your executive pay package, our lawyers might have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our effective track record of representing victims of labor and work claims, our labor attorneys likewise represent staff members 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 someone you know may have been treated poorly by an employer or another staff member, do not hesitate to call our workplace. To discuss your legal rights and alternatives, complete our totally free, no-obligation case evaluation form now.

What Does an Employment Attorney Do?

Documentation.
First, your assigned legal team will gather records related to your claim, including your agreement, time sheets, and communications through email or other work-related platforms.
These documents will help your attorney understand the extent of your claim and construct your case for compensation.

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

Negotiation.
Your attorney will work out with the defense, beyond the courtroom, to assist 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 strongest possible kind.

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