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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 country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, staff member misclassification, defamation, retaliation, denial of leave, and executive pay disputes.

The work environment should be a safe location. Unfortunately, some employees undergo unreasonable and illegal conditions by deceitful companies. Workers may not know what their rights in the work environment are, or may hesitate of speaking out against their company in worry of retaliation. These labor violations can lead to lost wages and benefits, missed out on chances for improvement, and excessive stress.

Unfair and prejudiced labor practices against staff members can take many types, consisting of wrongful termination, discrimination, harassment, employment refusal to give a sensible accommodation, rejection of leave, employer retaliation, and wage and hour infractions. Workers who are victim to these and other dishonest practices may not understand their rights, or might be afraid to speak out versus their employer for worry of retaliation.

At Morgan & Morgan, our work attorneys deal with a variety of civil lawsuits cases including unjust labor practices against employees. Our attorneys possess the knowledge, commitment, and experience required to represent workers in a vast array of labor disagreements. In reality, Morgan & Morgan has actually been acknowledged for filing 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 office, call us by completing our totally free case examination kind.

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FAQ

Get the answer to commonly asked questions 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 people who have actually been the victim of:

Wrongful Termination.

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

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

Unfair Labor Practices (e.g., rejection of earnings, 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 employees are release for factors that are unjust or illegal. This is called wrongful termination, wrongful discharge, or wrongful dismissal.

There are lots of circumstances that may be grounds for a wrongful termination suit, consisting of:

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who will not do something illegal for their employer.

If you think you might have been fired without correct cause, our labor and work lawyers may have the ability to assist you recover back pay, overdue wages, and other kinds of settlement.

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

It is illegal to discriminate against a job candidate or staff member on the basis of race, color, faith, sex, national origin, special needs, or age. However, some companies do simply that, leading to a hostile and inequitable office where some workers are dealt with more positively than others.

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

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

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

Not providing equal training chances for workers of different religious backgrounds.

Imposing job eligibility requirements that deliberately evaluates out people with disabilities.

Firing somebody based on a protected category.

What Are Some Examples of Workplace Harassment?

When workers go through slurs, assaults, risks, ridicule, offending jokes, undesirable sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, work environment harassment develops a hostile and abusive workplace.

Examples of office harassment consist of:

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

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about a worker’s sexual orientation.

Making unfavorable comments about a worker’s religions.

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

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

Workplace harassment can likewise take the type of quid pro quo harassment. This implies that the harassment results in an intangible change in a staff member’s employment status. For example, a worker may be required to tolerate sexual harassment from a manager 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) established certain workers’ rights, consisting of the right to a base pay (set federally at $7.25 since 2020) and overtime spend for all hours worked over 40 in a workweek for non-exempt employees.

However, some employers try to cut expenses by rejecting employees 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 a worker “comp time” or hours that can be used towards vacation or ill time, rather than overtime spend for hours worked over 40 in a work week.

Forcing tipped workers 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 company should pay.

Misclassifying an employee that needs to be paid overtime as “exempt” by promoting them to a “supervisory” position without actually changing the employee’s job duties.

Some of the most vulnerable occupations to overtime and base pay violations include:

IT employees.

Service specialists.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped workers.

Oil and gas field employees.

Call center employees.

Personal bankers, mortgage brokers, and AMLs.

Retail staff members.

Exotic dancers.

FedEx chauffeurs.

Disaster relief workers.

Pizza delivery chauffeurs.

What Is Employee Misclassification?

There are a number of distinctions in between employees and self-employed employees, also called independent professionals or specialists. Unlike staff members, who are informed when and where to work, guaranteed a routine wage quantity, and entitled to employee advantages, to name a few requirements, independent contractors usually work on a short-term, contract basis with an organization, and are invoiced for their work. Independent contractors are not entitled to staff member benefits, and should file and keep their own taxes, as well.

However, over the last few years, some companies have abused category by misclassifying bonafide workers as professionals in an attempt to save money and prevent laws. This is most commonly seen amongst “gig economy” workers, such as rideshare drivers and shipment drivers.

Some examples of misclassifications include:

Misclassifying a worker as an independent contractor to not have to adhere to Equal Employment Opportunity Commission laws, which avoid employment discrimination.

Misclassifying an employee to prevent registering them in a health benefits plan.

Misclassifying workers to avoid paying out base pay.

How Is Defamation of Character Defined?

Defamation is usually specified as the act of damaging the track record of a person through slanderous (spoken) or defamatory (written) comments. When character assassination takes place in the office, it has the potential to harm team morale, produce alienation, or perhaps cause long-term damage to an employee’s profession potential customers.

Employers are accountable for stopping hazardous gossiping among staff members if it is a routine and known event in the work environment. Defamation of character in the workplace might consist of circumstances such as:

A company making hazardous and unfounded claims, such as claims of theft or incompetence, towards a worker throughout a performance evaluation

A staff member spreading out a damaging rumor about another employee that triggers them to be declined for a job in other places

A worker dispersing chatter about a worker that causes other coworkers to avoid them

What Is Considered Employer Retaliation?

It is unlawful for a business to penalize a worker for filing a grievance or lawsuit versus their employer. This is considered employer retaliation. Although workers are lawfully safeguarded versus retaliation, it does not stop some employers from penalizing an employee who filed a complaint in a variety of methods, such as:

Reducing the worker’s income

Demoting the employee

Re-assigning the employee to a less-desirable task

Re-assigning the employee to a shift that produces a work-family conflict

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

What If a Business Denies a Leave of Absence?

While leave of absence laws vary from one state to another, there are a number of federally mandated laws that safeguard staff members who should take an extended time period off from work.

Under the Family Medical Leave Act (FMLA), companies must provide unpaid leave time to workers with a qualifying household or private medical scenario, such as leave for the birth or adoption of an infant or delegate take care of a partner, kid, or moms and dad with a serious health condition. If qualified, staff members are entitled to approximately 12 weeks of unpaid leave time under the FMLA without worry of endangering their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties specific defenses to current and previous uniformed service members who might need to be absent from civilian work 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 methods, including:

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 dying moms and dad without just cause

Firing a member who took a leave of lack to serve in the armed forces without just cause

Retaliating against a current or former 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 compensation, deferred compensation, employment efficiency perks, stock choices, executive benefits, severance bundles, and more, awarded to high-level management employees. Executive payment bundles have come under increased analysis by regulatory companies and shareholders alike. If you face a dispute throughout the settlement of your executive pay package, our lawyers might have the ability to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our successful track record of representing victims of labor and work claims, our labor lawyers likewise represent staff members before administrative companies 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 might have been treated incorrectly by an employer or another worker, do not hesitate to contact our office. To discuss your legal rights and options, employment fill out our complimentary, no-obligation case evaluation kind now.

What Does a Work Attorney Do?

Documentation.
First, your appointed legal group will gather records associated with your claim, including your agreement, time sheets, and employment interactions by means of email or other job-related platforms.
These documents will help your lawyer understand the level of your claim and develop your case for compensation.

Investigation.
Your lawyer and legal team will investigate your workplace claim in excellent information to gather the required proof.
They will take a look at the files you offer and may likewise take a look at work records, contracts, and other office information.

Negotiation.
Your lawyer will negotiate 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 strongest possible form.

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