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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment attorneys file the a lot of work litigation cases in the country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, disparagement, retaliation, rejection of leave, and executive pay disputes.

The work environment should be a safe location. Unfortunately, some employees are subjected to unreasonable and prohibited conditions by deceitful employers. Workers may not understand what their rights in the office are, employment or may be scared of speaking up against their employer in fear of retaliation. These labor violations can cause lost salaries and benefits, missed out on opportunities for development, employment and excessive tension.

Unfair and inequitable labor practices against employees can take numerous types, including wrongful termination, discrimination, harassment, refusal to provide a sensible lodging, rejection of leave, employer retaliation, and wage and hour infractions. Workers who are victim to these and other dishonest practices may not know their rights, or may be afraid to speak out against their employer for fear of retaliation.

At Morgan & Morgan, our employment lawyers deal with a range of civil lawsuits cases involving unjust labor practices versus workers. Our attorneys have the understanding, devotion, and experience required to represent employees in a large range of labor conflicts. In fact, Morgan & Morgan has been recognized for submitting more labor and work cases than any other firm.

If you think you might have been the victim of unfair or unlawful treatment in the workplace, call us by finishing our totally free case assessment type.

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FAQ

Get answers to typically 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 actually been the victim of:

Wrongful Termination.

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

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

Unfair Labor Practices (e.g., rejection of salaries, overtime, suggestion 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 staff members are release for reasons that are unreasonable or unlawful. This is described wrongful termination, wrongful discharge, or wrongful dismissal.

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 won’t do something prohibited for their employer.

If you believe you might have been fired without appropriate cause, our labor and employment attorneys may be able to assist you recover back pay, overdue incomes, and other kinds of payment.

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

It is prohibited to victimize a job candidate or employee on the basis of race, color, religion, sex, national origin, disability, or age. However, some companies do just 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 employ someone on the basis of their skin color.

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

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

Imposing task eligibility criteria that intentionally evaluates out people with impairments.

Firing somebody based on a protected category.

What Are Some Examples of Workplace Harassment?

When employees undergo slurs, assaults, hazards, 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, office harassment develops a hostile and violent workplace.

Examples of workplace harassment consist of:

Making unwanted comments 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 orientation.

Making unfavorable comments about an employee’s religious beliefs.

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

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

Workplace harassment can also take the type of quid pro quo harassment. This implies that the harassment leads to an intangible modification in a worker’s employment status. For example, a worker might be required to endure sexual harassment from a supervisor as a condition of their continued work.

Which Industries Have one of the most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) developed particular 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 workers.

However, some employers attempt to cut costs by denying employees their rightful pay through deceiving techniques. 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 hours that can be used towards getaway or ill time, rather than overtime pay for hours worked over 40 in a work week.

Forcing tipped employees to pool their tips with non-tipped employees, such as managers or cooks.

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

Misclassifying an employee that should be paid overtime as “exempt” by promoting them to a “supervisory” position without really changing the worker’s job responsibilities.

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

IT employees.

Service service technicians.

Installers.

Sales agents.

Nurses and healthcare employees.

Tipped employees.

Oil and gas field workers.

Call center employees.

Personal bankers, mortgage brokers, and AMLs.

Retail workers.

Exotic dancers.

FedEx drivers.

Disaster relief employees.

Pizza delivery drivers.

What Is Employee Misclassification?

There are a variety of distinctions in between employees and self-employed employees, likewise known as independent specialists or consultants. Unlike workers, who are informed when and where to work, ensured a regular wage quantity, and entitled to worker advantages, to name a few criteria, independent contractors normally deal with a short-term, contract basis with a business, and are invoiced for their work. Independent specialists are not entitled to employee advantages, and must file and keep their own taxes, also.

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

Some examples of misclassifications include:

Misclassifying an employee as an independent contractor to not have to comply with Equal Employment Opportunity Commission laws, which avoid work discrimination.

Misclassifying a worker to avoid registering them in a health advantages plan.

Misclassifying employees to avoid paying out minimum wage.

How Is Defamation of Character Defined?

Defamation is normally defined as the act of damaging the track record of a person through slanderous (spoken) or defamatory (written) remarks. When character assassination occurs in the office, it has the potential to hurt group morale, develop alienation, or even trigger long-term damage to a worker’s career potential customers.

Employers are responsible for putting a stop to hazardous gossiping among employees if it is a routine and employment recognized occurrence in the office. Defamation of character in the work environment might include circumstances such as:

An employer making hazardous and unfounded allegations, employment such as claims of theft or incompetence, toward a worker during an efficiency evaluation

A worker spreading out a harmful report about another staff member that causes them to be rejected for a task elsewhere

A worker dispersing gossip about an employee that causes other coworkers to prevent them

What Is Considered Employer Retaliation?

It is unlawful for a company to penalize an employee for filing a grievance or suit against their employer. This is thought about company retaliation. Although workers are legally safeguarded against retaliation, it doesn’t stop some companies from penalizing a staff member who submitted a problem in a variety of methods, such as:

Reducing the worker’s income

Demoting the employee

Re-assigning the worker to a less-desirable job

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

Excluding the worker from vital workplace activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of absence laws differ from one state to another, there are a variety of federally mandated laws that safeguard workers who need to take an extended period of time off from work.

Under the Family Medical Leave Act (FMLA), employers need to use overdue leave time to staff members with a qualifying household or private medical circumstance, such as leave for the birth or adoption of an infant or delegate care for a spouse, kid, or moms and dad with a serious health condition. If certified, workers are entitled to as much as 12 weeks of unpaid leave time under the FMLA without worry of threatening their task status.

The Uniformed Services Employment and employment Reemployment Rights Act (USERRA), on the other hand, assurances specific protections to current and previous uniformed service members who might need to be missing from civilian work for a particular amount of time in order to serve in the armed forces.

Leave of lack can be unfairly rejected in a number of ways, including:

Firing an employee 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 absence to care for a passing away moms and dad without simply cause

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

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

What Is Executive Compensation?

Executive payment is the mix of base cash settlement, delayed compensation, efficiency bonuses, stock alternatives, executive perks, severance plans, and more, awarded to top-level management employees. Executive compensation bundles have come under increased examination by regulative companies and shareholders alike. If you deal with a dispute throughout the settlement of your executive pay bundle, our lawyers may be able to help you.

Why Should I a Morgan & Morgan Employment Attorney?

The employment and labor attorneys at Morgan & Morgan have 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 attorneys also represent employees 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 understand might have been dealt with improperly by a company or another worker, do not be reluctant to call our office. To discuss your legal rights and choices, submit our complimentary, no-obligation case evaluation kind now.

What Does an Employment Attorney Do?

Documentation.
First, your assigned legal team will collect records connected to your claim, including your agreement, time sheets, and communications through email or other work-related platforms.
These files will help your lawyer comprehend the level of your claim and build your case for settlement.

Investigation.
Your lawyer and legal group will investigate your office claim in fantastic detail to collect the required proof.
They will take a look at the files you supply and may also look at work records, contracts, and other workplace 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 not successful, your lawyer is prepared to go to trial and present your case in the greatest possible kind.

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