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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s work lawyers file one of the most work lawsuits cases in the country, including those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, character assassination, retaliation, denial of leave, and executive pay conflicts.

The work environment ought to be a safe place. Unfortunately, some employees undergo unfair and unlawful conditions by dishonest employers. Workers might not know what their rights in the office are, or might hesitate of speaking out versus their employer in fear of retaliation. These labor offenses can result in lost earnings and advantages, missed chances for development, and excessive tension.

Unfair and discriminatory labor practices versus staff members can take numerous forms, including wrongful termination, discrimination, harassment, refusal to provide a reasonable accommodation, denial of leave, company 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 out against their employer for worry of retaliation.

At Morgan & Morgan, our work attorneys deal with a range of civil litigation cases including unreasonable labor practices against workers. Our lawyers have the knowledge, commitment, and experience needed to represent workers in a large range of labor disputes. In fact, Morgan & Morgan has actually been acknowledged for filing more labor and work cases than any other firm.

If you think you might have been the victim of unjust or unlawful treatment in the office, contact us by finishing our complimentary case evaluation type.

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What Does Labor Law and Employment Law Cover?

Our practice represents people who have been the victim of:

Wrongful Termination.

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

Harassment (e.g., Unwanted sexual advances, Hostile Workplace).

Unfair Labor Practices (e.g., denial of salaries, 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 declares.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes employees are release for reasons that are unjust or illegal. This is called wrongful termination, wrongful discharge, or wrongful termination.

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

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

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

If you believe you might have been fired without appropriate cause, our labor and employment lawyers may have the ability to assist you recover back pay, overdue incomes, and other types of settlement.

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

It is unlawful to victimize a task 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 workplace where some employees are treated more favorably than others.

Workplace discrimination can take numerous forms. Some examples include:

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

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

Not supplying equivalent training chances for job workers of various religious backgrounds.

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

Firing somebody based upon a protected category.

What Are Some Examples of Workplace Harassment?

When employees undergo slurs, assaults, dangers, ridicule, offensive jokes, unwelcome sexual advances, or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and violent workplace.

Examples of office harassment include:

Making undesirable remarks about a worker’s appearance or body.

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about an employee’s sexual preference.

Making unfavorable remarks about a staff member’s religious beliefs.

Making prejudicial declarations about a worker’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 likewise take the kind of quid professional quo harassment. This means that the harassment results in an intangible modification in a worker’s work status. For example, job an employee may be forced to tolerate sexual harassment from a manager as a condition of their continued employment.

Which Industries Have the Most Overtime and Minimum Wage Violations?

The Fair Labor Standards Act (FLSA) developed certain employees’ 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 workers.

However, some companies try to cut expenses by denying workers their rightful pay through deceiving methods. This is called wage theft, and consists of examples such as:

Paying an employee less than the federal base pay.

Giving an employee “comp time” or job 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 workers, such as managers or cooks.

Forcing workers to spend for tools of the trade or other expenditures that their company must pay.

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

Some of the most susceptible professions to overtime and minimum wage infractions consist of:

IT workers.

Service specialists.

Installers.

Sales representatives.

Nurses and healthcare workers.

Tipped workers.

Oil and gas field employees.

Call center workers.

Personal lenders, home mortgage brokers, and AMLs.

Retail employees.

Exotic dancers.

FedEx drivers.

Disaster relief employees.

Pizza shipment drivers.

What Is Employee Misclassification?

There are a number of differences between workers and self-employed workers, likewise known as independent contractors or specialists. Unlike staff members, who are informed when and where to work, job guaranteed a routine wage amount, job and entitled to employee advantages, to name a few requirements, independent specialists normally deal with a short-term, contract basis with an organization, and are invoiced for their work. Independent professionals are not entitled to staff member benefits, and should file and keep their own taxes, also.

However, in the last few years, some employers have actually abused classification by misclassifying bonafide employees as professionals in an attempt to conserve money and circumvent laws. This is most commonly seen among “gig economy” workers, such as rideshare motorists and delivery motorists.

Some examples of misclassifications include:

Misclassifying an employee as an independent contractor to not have to abide by Equal Job opportunity Commission laws, job which prevent work discrimination.

Misclassifying an employee to avoid enrolling them in a health benefits plan.

Misclassifying workers to prevent paying minimum wage.

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 disparaging (written) comments. When disparagement happens in the work environment, it has the potential to hurt group morale, develop alienation, or perhaps cause long-term damage to a worker’s career potential customers.

Employers are accountable for putting a stop to damaging gossiping amongst workers if it is a routine and recognized occurrence in the work environment. Defamation of character in the office might include circumstances such as:

An employer making harmful and unproven accusations, such as claims of theft or incompetence, job toward a worker throughout a performance review

An employee spreading out a hazardous report about another worker that causes them to be declined for a task somewhere else

A worker spreading chatter about a worker that triggers other coworkers to prevent them

What Is Considered Employer Retaliation?

It is unlawful for a company to penalize an employee for submitting a complaint or lawsuit versus their employer. This is thought about employer retaliation. Although workers are legally secured against retaliation, it does not stop some companies from punishing a worker who submitted a grievance in a range of methods, such as:

Reducing the worker’s wage

Demoting the worker

Re-assigning the worker to a less-desirable task

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

Excluding the worker from vital office activities such as training sessions

What If a Business 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 secure workers who must take an extended time period off from work.

Under the Family Medical Leave Act (FMLA), employers must provide overdue leave time to employees with a qualifying family or private medical circumstance, such as leave for the birth or adoption of a child or leave to take care of a partner, kid, or moms and dad with a major health condition. If qualified, staff members are entitled to approximately 12 weeks of overdue leave time under the FMLA without fear of endangering their job status.

The Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees certain defenses to present and previous uniformed service members who may require to be missing from civilian employment for a particular amount of time in order to serve in the armed forces.

Leave of absence can be unfairly rejected in a variety of methods, consisting of:

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

Demoting an employee who took a leave of lack to care for a dying moms and dad without simply cause

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

Retaliating versus a current or former service member who took a leave of absence to serve in the militaries

What Is Executive Compensation?

Executive settlement is the mix of base cash payment, postponed settlement, performance perks, stock options, executive perks, severance bundles, and more, awarded to high-level management staff members. Executive payment bundles have actually come under increased examination by regulative firms and shareholders alike. If you deal with a conflict during the settlement of your executive pay package, our attorneys may be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor lawyers at Morgan & Morgan have effectively pursued countless labor and work claims for individuals who require it most.

In addition to our effective performance history of representing victims of labor and work claims, our labor attorneys likewise represent staff members before administrative agencies 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 treated poorly by a company or another employee, do not think twice to contact our workplace. To discuss your legal rights and alternatives, complete our free, no-obligation case evaluation form now.

What Does an Employment Attorney Do?

Documentation.
First, your designated legal group will gather records associated with your claim, including your agreement, time sheets, and interactions by means of e-mail or other work-related platforms.
These files will assist your lawyer understand the degree of your claim and build your case for payment.

Investigation.
Your attorney and legal group will investigate your workplace claim in fantastic information to collect the necessary proof.
They will look at the files you offer and might likewise look at employment records, agreements, and other office data.

Negotiation.
Your attorney will negotiate with the defense, beyond the courtroom, to assist get you the settlement you might be entitled to.
If settlement negotiations are not successful, your attorney is prepared to go to trial and present your case in the strongest possible form.

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