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

The office needs to be a safe place. Unfortunately, some employees are subjected to unfair and illegal conditions by deceitful employers. Workers might not know what their rights in the workplace are, employment or might be scared of speaking up versus their company in worry of retaliation. These labor infractions can cause lost salaries and advantages, missed opportunities for development, and undue .

Unfair and discriminatory labor practices against workers can take many types, consisting of wrongful termination, discrimination, harassment, rejection to give a reasonable accommodation, rejection of leave, employer retaliation, and wage and hour infractions. Workers who are victim to these and other unethical practices might not know their rights, or may hesitate to speak up versus their employer for worry of retaliation.

At Morgan & Morgan, our employment attorneys manage a variety of civil litigation cases involving unreasonable labor practices versus workers. Our attorneys possess the understanding, devotion, and experience required to represent workers in a wide variety of labor disagreements. In truth, Morgan & Morgan has actually been acknowledged for filing more labor and employment cases than any other company.

If you think you may have been the victim of unjust or unlawful treatment in the work environment, call us by finishing our complimentary case assessment form.

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FAQ

Get answers to typically 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 people who have actually been the victim of:

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, national origin, religious beliefs, age, and impairment).

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

Unfair Labor Practices (e.g., denial of wages, overtime, pointer pooling, and equivalent 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 reasons that are unreasonable or illegal. This is described wrongful termination, employment wrongful discharge, or wrongful termination.

There are many situations that might be grounds for a wrongful termination claim, including:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who will not do something prohibited for their company.

If you think you might have been fired without proper cause, our labor and employment attorneys might have the ability to assist you recover back pay, unpaid incomes, and other forms of compensation.

What Are the Most Common Forms of Workplace Discrimination?

It is illegal to discriminate versus a job applicant or employee on the basis of race, color, faith, sex, national origin, disability, or age. However, some employers do simply that, leading to a hostile and inequitable work environment where some workers are treated more favorably than others.

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

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

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

Not offering equal training chances for staff members of various spiritual backgrounds.

Imposing job eligibility criteria that intentionally screens out people with impairments.

Firing someone based on a secured classification.

What Are Some Examples of Workplace Harassment?

When workers are subjected to slurs, assaults, dangers, ridicule, offensive jokes, unwanted 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 workplace.

Examples of workplace harassment consist of:

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

Telling a repulsive or employment sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial statements about an employee’s sexual orientation.

Making negative remarks about a staff member’s religions.

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

Making negative remarks or jokes about the age of a worker over the age of 40.

Workplace harassment can likewise take the type of quid pro quo harassment. This means that the harassment leads to an intangible change in an employee’s employment status. For instance, an employee may be required to endure sexual harassment from a supervisor as a condition of their continued work.

Which Industries Have the Most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) developed specific employees’ rights, consisting of the right to a base pay (set federally at $7.25 since 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt employees.

However, some employers try to cut expenses by rejecting workers their rightful pay through sly techniques. 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 vacation 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 workers, such as supervisors or cooks.

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

Misclassifying a worker that needs to be paid overtime as “exempt” by promoting them to a “managerial” position without in fact changing the employee’s job responsibilities.

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

IT workers.

Service technicians.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped workers.

Oil and gas field employees.

Call center employees.

Personal bankers, home mortgage brokers, and AMLs.

Retail workers.

Strippers.

FedEx drivers.

Disaster relief employees.

Pizza shipment motorists.

What Is Employee Misclassification?

There are a number of differences between employees and self-employed workers, likewise called independent professionals or specialists. Unlike employees, who are informed when and where to work, ensured a regular wage quantity, and entitled to employee benefits, amongst other requirements, independent specialists generally deal with a short-term, contract basis with a service, and are invoiced for their work. Independent professionals are not entitled to employee advantages, and should file and withhold their own taxes, also.

However, over the last few years, some companies have actually abused classification by misclassifying bonafide staff members as contractors in an attempt to conserve cash and prevent laws. This is most commonly seen among “gig economy” workers, such as rideshare motorists and shipment chauffeurs.

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 advantages plan.

Misclassifying staff members to avoid paying out minimum wage.

How Is Defamation of Character Defined?

Defamation is normally defined as the act of harming the credibility of a person through slanderous (spoken) or libelous (written) remarks. When defamation occurs in the office, it has the potential to harm group spirits, create alienation, or even cause long-lasting damage to a worker’s profession potential customers.

Employers are responsible for putting a stop to hazardous gossiping amongst staff members if it is a regular and known incident in the work environment. Defamation of character in the office might consist of instances such as:

An employer making damaging and unfounded claims, such as claims of theft or incompetence, toward a worker during a performance review

An employee spreading out a damaging rumor about another staff member that causes them to be refused for a task elsewhere

A staff member spreading chatter about an employee that causes other colleagues to prevent them

What Is Considered Employer Retaliation?

It is unlawful for a business to punish a staff member for submitting a complaint or lawsuit against their company. This is considered company retaliation. Although employees are lawfully safeguarded against retaliation, it doesn’t stop some companies from punishing a worker who submitted a complaint in a range of methods, such as:

Reducing the employee’s salary

Demoting the worker

Re-assigning the employee to a less-desirable job

Re-assigning the employee to a shift that produces 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 variety of federally mandated laws that protect workers who must take a prolonged time period off from work.

Under the Family Medical Leave Act (FMLA), companies should offer unsettled leave time to employees with a qualifying household or private medical circumstance, such as leave for the birth or adoption of a child or delegate look after a spouse, child, or moms and dad with a major health condition. If qualified, workers are entitled to as much as 12 weeks of overdue 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, warranties particular defenses to existing and former uniformed service members who may need to be missing from civilian work for a specific amount of time in order to serve in the militaries.

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

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

Demoting a staff member who took a leave of absence to take care of a dying moms and dad without simply cause

Firing a re-employed service member who took a leave of lack to serve in the militaries without just cause

Retaliating against an existing or previous service member who took a leave of lack to serve in the armed forces

What Is Executive Compensation?

Executive settlement is the combination of base cash payment, deferred compensation, efficiency bonus offers, stock options, executive benefits, severance plans, and more, awarded to high-level management employees. Executive payment packages have actually come under increased analysis by regulative firms and shareholders alike. If you deal with a dispute throughout the settlement of your executive pay bundle, our attorneys might be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor attorneys at Morgan & Morgan have actually successfully pursued thousands of labor and employment claims for individuals who require it most.

In addition to our successful performance history of representing victims of labor and work claims, our labor lawyers likewise represent staff members before administrative firms 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 understand may have been treated poorly by an employer or employment another employee, do not be reluctant to call our office. To discuss your legal rights and choices, fill out our free, no-obligation case evaluation kind now.

What Does a Work Attorney Do?

Documentation.
First, your assigned legal group will gather records connected to your claim, including your contract, time sheets, and communications by means of e-mail or other work-related platforms.
These documents will assist your attorney comprehend the degree of your claim and build your case for payment.

Investigation.
Your lawyer and legal group will examine your work environment claim in terrific detail to gather the necessary evidence.
They will look at the files you supply and might likewise look at employment records, contracts, and other office information.

Negotiation.
Your lawyer will negotiate with the defense, beyond the courtroom, to help get you the payment you may be entitled to.
If settlement negotiations are unsuccessful, your lawyer is prepared to go to trial and present your case in the strongest possible form.

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