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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 including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, character assassination, retaliation, rejection of leave, and executive pay disputes.

The workplace needs to be a safe place. Unfortunately, some employees go through unfair and illegal conditions by unscrupulous employers. Workers may not understand what their rights in the office are, or may be afraid of speaking out versus their employer in worry of retaliation. These labor offenses can result in lost earnings and benefits, missed opportunities for advancement, and undue tension.

Unfair and inequitable labor practices versus staff members can take numerous forms, including wrongful termination, discrimination, harassment, refusal to provide a sensible accommodation, rejection of leave, company retaliation, and wage and hour infractions. Workers who are victim to these and other unethical practices might not understand their rights, or may hesitate to speak up against their employer for fear of retaliation.

At Morgan & Morgan, our work attorneys deal with a range of civil lawsuits cases including unreasonable labor practices versus staff members. Our attorneys possess the knowledge, commitment, and experience needed to represent workers in a wide variety of labor disputes. In reality, Morgan & Morgan has actually been acknowledged for submitting more labor and work cases than any other firm.

If you think you may have been the victim of unfair or prohibited treatment in the workplace, call us by completing our free case evaluation form.

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FAQ

Get the answer to typically asked questions about our legal services and find out how we may assist you with your case.

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, nationwide origin, faith, age, and disability).

Harassment (e.g., Sexual Harassment, 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 release for reasons that are unjust or prohibited. This is called wrongful termination, somalibidders.com wrongful discharge, or wrongful dismissal.

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

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

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

If you believe you might have been fired without appropriate cause, our labor and work lawyers might be able to help you recover back pay, unpaid wages, and other types of compensation.

What Are the Most Common Forms of Workplace Discrimination?

It is unlawful to victimize a job candidate or staff member on the basis of race, color, religious beliefs, sex, nationwide origin, special needs, or age. However, some companies do just that, resulting in a hostile and inequitable office where some workers are dealt with more positively than others.

Workplace discrimination can take numerous types. Some examples consist of:

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

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

Not offering equivalent training chances for employees of various religious backgrounds.

Imposing job eligibility requirements that intentionally screens out individuals with impairments.

Firing someone based upon a safeguarded category.

What Are Some Examples of Workplace Harassment?

When workers are subjected to slurs, assaults, threats, ridicule, offending 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 creates a hostile and abusive work environment.

Examples of work environment harassment consist of:

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

Telling a repulsive or 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 faiths.

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

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

Workplace harassment can also take the kind of quid professional quo harassment. This indicates that the harassment results in an intangible modification in a worker’s employment status. For instance, an employee may be forced to tolerate sexual harassment from a supervisor 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 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 workers.

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

Paying a worker less than the federal minimum wage.

Giving a worker “comp time” or hours that can be utilized toward trip or ill time, rather than 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 employees to spend for tools of the trade or other expenses that their company must pay.

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

Some of the most vulnerable professions to overtime and base pay offenses consist of:

IT employees.

Service specialists.

Installers.

Sales agents.

Nurses and referall.us health care workers.

Tipped workers.

Oil and gas field employees.

Call center employees.

Personal lenders, home loan brokers, and AMLs.

Retail staff members.

Strippers.

FedEx motorists.

Disaster relief workers.

Pizza shipment motorists.

What Is Employee Misclassification?

There are a variety of differences between staff members and self-employed employees, also known as independent specialists or consultants. Unlike employees, who are told when and where to work, ensured a routine wage amount, and entitled to employee advantages, among other requirements, independent contractors normally deal with a short-term, agreement basis with an organization, and are invoiced for their work. Independent contractors are not entitled to worker benefits, and should submit and withhold their own taxes, too.

However, recently, some companies have actually abused classification by misclassifying bonafide staff members as professionals in an effort to conserve money and prevent laws. This is most frequently seen among “gig economy” workers, such as rideshare chauffeurs and delivery motorists.

Some examples of misclassifications include:

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

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

Misclassifying staff members to prevent paying out base pay.

How Is Defamation of Character Defined?

Defamation is generally defined as the act of damaging the credibility of a person through slanderous (spoken) or disparaging (written) remarks. When character assassination happens in the office, it has the prospective to hurt group morale, develop alienation, or perhaps trigger long-lasting damage to a worker’s career potential customers.

Employers are accountable for stopping damaging gossiping amongst staff members if it is a routine and recognized occurrence in the workplace. Defamation of character in the office might include instances such as:

An employer making harmful and unproven claims, such as claims of theft or incompetence, toward a staff member during an efficiency review

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

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

What Is Considered Employer Retaliation?

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

Reducing the worker’s wage

Demoting the employee

Re-assigning the employee to a less-desirable task

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

Excluding the worker from necessary office activities such as training sessions

What If a Company Denies a Leave of Absence?

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

Under the Family Medical Leave Act (FMLA), employers should use unsettled leave time to employees with a certifying household or individual medical scenario, such as leave for the birth or adoption of an infant or leave to look after a partner, kid, or parent with a serious health condition. If certified, 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, warranties particular securities to present and previous uniformed service members who might need to be missing from civilian work for a particular time period in order to serve in the militaries.

Leave of lack can be unjustly denied in a variety of methods, adremcareers.com consisting of:

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

Demoting a worker who took a leave of lack to care for a passing away parent without simply cause

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

Retaliating against an existing or previous service member who took a leave of absence to serve in the militaries

What Is Executive Compensation?

Executive payment is the mix of base cash settlement, postponed compensation, performance rewards, stock alternatives, executive benefits, severance packages, and more, awarded to high-level management workers. Executive payment plans have actually come under increased analysis by regulative firms and shareholders alike. If you deal with a dispute during the settlement of your executive pay bundle, our attorneys might be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our effective performance history of representing victims of labor and work claims, our labor lawyers likewise represent workers before administrative agencies 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 understand may have been treated improperly by a company or another staff member, do not think twice to call our office. To discuss your legal rights and choices, complete our complimentary, no-obligation case review form 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 documents will assist your lawyer comprehend the level of your claim and build your case for settlement.

Investigation.
Your attorney and legal group will examine your work environment claim in fantastic information to collect the required evidence.
They will look at the documents you offer and may also look at employment records, contracts, and other workplace data.

Negotiation.
Your lawyer will work out with the defense, beyond the courtroom, to assist get you the payment you may be entitled to.
If settlement negotiations are not successful, your attorney is prepared to go to trial and present your case in the greatest possible kind.

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