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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 nation, including those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, disparagement, retaliation, denial of leave, and executive pay conflicts.

The work environment ought to be a safe place. Unfortunately, some employees go through unjust and prohibited conditions by unscrupulous employers. Workers may not understand employment what their rights in the workplace are, or might be scared of speaking out against their company in fear of retaliation. These labor violations can cause lost incomes and advantages, missed out on chances for improvement, and excessive stress.

Unfair and prejudiced labor practices versus employees can take lots of kinds, consisting of wrongful termination, discrimination, harassment, refusal to give an affordable lodging, denial of leave, company retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices may not know their rights, or might be afraid 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 employees. Our attorneys possess the understanding, dedication, and experience needed to represent employees in a wide variety of labor conflicts. In truth, Morgan & Morgan has been acknowledged for filing more labor and employment cases than any other firm.

If you think you may have been the victim of unreasonable or unlawful treatment in the work environment, call us by finishing our totally free case evaluation type.

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Get the answer to frequently asked concerns about our legal services and learn how we might help you with your case.

What Does Labor Law and Employment Law Cover?

Our practice represents individuals who have been the victim of:

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, nationwide origin, faith, age, and impairment).

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 declares.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes workers are release for factors that are unreasonable or unlawful. This is described wrongful termination, wrongful discharge, or wrongful termination.

There are numerous circumstances that might be premises for a wrongful termination suit, employment consisting of:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

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

If you believe you may have been fired without correct cause, our labor and employment lawyers might have the ability to assist you recover back pay, unpaid earnings, and other types of compensation.

What Are the Most Common Forms of Workplace Discrimination?

It is illegal to discriminate versus a task applicant or worker on the basis of race, color, faith, sex, nationwide origin, disability, or age. However, some companies do just that, leading to a hostile and inequitable office where some workers are treated more favorably than others.

Workplace discrimination can take many kinds. Some examples consist of:

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

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

Not supplying equivalent training opportunities for staff members of various religious backgrounds.

Imposing job eligibility criteria that intentionally screens out individuals with disabilities.

Firing somebody based on a safeguarded category.

What Are Some Examples of Workplace Harassment?

When employees go through slurs, assaults, threats, ridicule, offending jokes, unwanted 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 abusive work environment.

Examples of work environment harassment include:

Making unwelcome remarks about an employee’s look or employment body.

Telling a repulsive or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial declarations about a worker’s sexual preference.

Making unfavorable comments about a worker’s faiths.

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

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

Workplace harassment can also take the type of quid pro quo harassment. This indicates that the harassment results in an intangible modification in a worker’s employment status. For example, a staff member might be forced to tolerate unwanted sexual advances from a manager as a condition of their continued work.

Which Industries Have the Most Overtime and Minimum Wage Violations?

The Fair Labor Standards Act (FLSA) developed particular 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 staff members.

However, some companies try to cut costs by denying workers their rightful pay through deceitful approaches. This is called wage theft, and includes examples such as:

Paying an employee less than the federal minimum wage.

Giving an employee “comp time” or hours that can be used toward getaway or ill time, instead of overtime spend for hours worked over 40 in a work week.

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

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

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

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

IT workers.

Service technicians.

Installers.

Sales representatives.

Nurses and healthcare workers.

Tipped employees.

Oil and gas field employees.

Call center workers.

Personal lenders, home loan brokers, and AMLs.

Retail employees.

Strippers.

FedEx motorists.

Disaster relief workers.

Pizza shipment drivers.

What Is Employee Misclassification?

There are a number of distinctions between staff members and self-employed employees, likewise known as independent professionals or experts. Unlike staff members, who are informed when and where to work, guaranteed a routine wage quantity, and entitled to worker advantages, amongst other criteria, independent professionals typically work on a short-term, contract basis with a company, and are invoiced for their work. Independent specialists are not entitled to employee benefits, and should file and withhold their own taxes, also.

However, over the last few years, some employers have abused category by misclassifying bonafide employees as professionals in an attempt to conserve cash and circumvent laws. This is most frequently seen amongst “gig economy” employees, such as rideshare chauffeurs and delivery drivers.

Some examples of misclassifications consist of:

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

Misclassifying a worker to prevent enrolling them in a health advantages plan.

Misclassifying employees to avoid paying out base pay.

How Is Defamation of Character Defined?

Defamation is usually defined as the act of damaging the track record of a person through slanderous (spoken) or defamatory (written) comments. When defamation occurs in the work environment, it has the prospective to damage group spirits, produce 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 regular and recognized occurrence in the office. Defamation of character in the workplace might include circumstances such as:

A company making harmful and unproven accusations, such as claims of theft or incompetence, towards a staff member throughout a performance review

A staff member spreading out a hazardous rumor about another worker that triggers them to be turned down for a job in other places

A staff member dispersing gossip about a worker that triggers other coworkers to prevent them

What Is Considered Employer Retaliation?

It is prohibited for a company to punish a staff member for filing a grievance or suit versus their employer. This is thought about employer retaliation. Although employees are legally protected against retaliation, it doesn’t stop some employers from penalizing a worker who filed a grievance in a range of methods, such as:

Reducing the employee’s income

Demoting the worker

Re-assigning the employee to a less-desirable task

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

Excluding the worker from vital work environment activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of lack laws vary from one state to another, there are a number of federally mandated laws that safeguard workers who should take a prolonged duration of time off from work.

Under the Family Medical Leave Act (FMLA), companies should use unpaid leave time to workers with a qualifying household or specific medical scenario, such as leave for the birth or adoption of an infant or delegate care for a spouse, child, employment or parent with a serious health condition. If qualified, workers are entitled to up to 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, assurances specific defenses to present and former uniformed service members who might require to be absent from civilian work for a certain 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 a worker who took a leave of lack for the birth or adoption of their child without simply cause

Demoting an employee who took a leave of lack to care for a passing away moms and dad without just cause

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

Retaliating against a present or previous service member who took a leave of lack to serve in the militaries

What Is Executive Compensation?

Executive settlement is the combination of base cash compensation, delayed payment, efficiency bonus offers, stock options, executive benefits, severance plans, and more, granted to top-level management employees. Executive compensation bundles have come under increased scrutiny by regulative agencies and investors alike. If you face a conflict during the settlement of your executive pay package, our lawyers may be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our effective performance history of representing victims of labor and employment claims, our labor lawyers also represent employees 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 someone you know might have been dealt with improperly by an employer or another worker, do not be reluctant to contact our workplace. To discuss your legal rights and choices, complete our totally free, no-obligation case evaluation kind now.

What Does an Employment Attorney Do?

Documentation.
First, your designated legal team will collect records connected to your claim, including your agreement, time sheets, and interactions through e-mail or other job-related platforms.
These files will help your attorney understand the extent of your claim and develop your case for compensation.

Investigation.
Your lawyer and legal team will investigate your work environment claim in excellent detail to gather the required evidence.
They will take a look at the documents you offer and might also take a look at employment records, agreements, and other office information.

Negotiation.
Your lawyer will negotiate with the defense, outside of the courtroom, to assist get you the settlement 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 type.

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