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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 submit the a lot of employment lawsuits cases in the nation, consisting of those involving 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 undergo unjust and unlawful conditions by unscrupulous employers. Workers may not understand what their rights in the workplace are, or may be afraid of speaking out against their company in fear of retaliation. These labor infractions can result in lost earnings and benefits, missed out on opportunities for improvement, and undue stress.

Unfair and inequitable labor practices versus employees can take numerous types, including wrongful termination, discrimination, harassment, rejection to give an affordable lodging, denial of leave, company retaliation, and wage and hour infractions. Workers who are victim to these and other dishonest practices may not know their rights, or may hesitate to speak up against their company for fear of retaliation.

At Morgan & Morgan, our employment lawyers deal with a variety of civil litigation cases including unreasonable labor practices against workers. Our attorneys have the understanding, dedication, and experience required to represent workers in a large range of labor disagreements. In truth, Morgan & Morgan has been acknowledged for filing more labor and employment cases than any other company.

If you think you might have been the victim of unjust or unlawful treatment in the workplace, call us by completing our complimentary case assessment type.

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Get answers to commonly asked concerns 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 people who have been the victim of:

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, national origin, faith, age, and special needs).

Harassment (e.g., Unwanted sexual advances, 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 let go for reasons that are unjust or unlawful. This is described wrongful termination, wrongful discharge, or wrongful termination.

There are many circumstances that might be premises for a wrongful termination lawsuit, consisting of:

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who will not do something prohibited for their employer.

If you believe you may have been fired without correct cause, our labor and work lawyers might be able to assist you recover back pay, unsettled incomes, and other kinds of payment.

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

It is prohibited to discriminate against a task candidate or staff member on the basis of race, color, religion, sex, nationwide origin, impairment, or age. However, some companies do simply that, causing a hostile and inequitable workplace where some employees are dealt with more favorably than others.

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

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

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

Not offering equal training opportunities for staff members of different .

Imposing job eligibility requirements that intentionally screens out people with specials needs.

Firing somebody based on a protected category.

What Are Some Examples of Workplace Harassment?

When workers go through slurs, assaults, hazards, ridicule, offensive jokes, unwanted sexual advances, or verbal 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 abusive work environment.

Examples of workplace harassment consist of:

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

Telling a vulgar or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial statements about a worker’s sexual preference.

Making unfavorable remarks about an employee’s religious beliefs.

Making prejudicial statements about a worker’s birth place or household heritage.

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

Workplace harassment can also take the kind of quid pro quo harassment. This indicates that the harassment leads to an intangible change in a staff member’s employment status. For instance, a staff member may be required to endure sexual harassment from a manager 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 specific workers’ rights, consisting of the right to a minimum wage (set federally at $7.25 as of 2020) and overtime spend for employment all hours worked over 40 in a workweek for non-exempt workers.

However, some employers attempt to cut expenses by rejecting employees their rightful pay through deceiving 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 utilized toward vacation or ill time, instead of overtime spend for hours worked over 40 in a work week.

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

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

Misclassifying a worker that ought to be paid overtime as “exempt” by promoting them to a “supervisory” position without actually altering the employee’s job tasks.

A few of the most vulnerable occupations to overtime and minimum wage violations include:

IT workers.

Service service technicians.

Installers.

Sales agents.

Nurses and health care workers.

Tipped employees.

Oil and gas field workers.

Call center workers.

Personal lenders, home loan brokers, and AMLs.

Retail staff members.

Exotic dancers.

FedEx drivers.

Disaster relief workers.

Pizza shipment motorists.

What Is Employee Misclassification?

There are a variety of distinctions in between workers and self-employed employees, also referred to as independent contractors or experts. Unlike staff members, who are told when and where to work, guaranteed a regular wage amount, and entitled to staff member advantages, amongst other requirements, independent specialists generally work on a short-term, agreement basis with a company, and are invoiced for employment their work. Independent specialists are not entitled to worker advantages, and should submit and withhold their own taxes, also.

However, recently, some employers have actually abused category by misclassifying bonafide workers as specialists in an attempt to save cash and circumvent laws. This is most frequently seen amongst “gig economy” workers, such as rideshare chauffeurs and shipment motorists.

Some examples of misclassifications include:

Misclassifying a worker as an independent specialist to not need to adhere to Equal Job opportunity Commission laws, which avoid employment discrimination.

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

Misclassifying workers to avoid paying out base pay.

How Is Defamation of Character Defined?

Defamation is typically specified as the act of damaging the reputation of a person through slanderous (spoken) or employment false (written) remarks. When defamation happens in the work environment, it has the potential to harm team morale, create alienation, or perhaps cause long-term damage to a worker’s career potential customers.

Employers are accountable for stopping hazardous gossiping amongst staff members if it is a regular and known occurrence in the workplace. Defamation of character in the workplace may include circumstances such as:

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

A staff member spreading a damaging report about another employee that triggers them to be declined for a job somewhere else

A staff member spreading gossip about an employee that triggers other colleagues to prevent them

What Is Considered Employer Retaliation?

It is illegal for a company to penalize an employee for filing a problem or suit versus their company. This is considered company retaliation. Although workers are lawfully protected against retaliation, it doesn’t stop some companies from punishing a staff member who filed a complaint in a range of methods, such as:

Reducing the worker’s salary

Demoting the employee

Re-assigning the employee to a less-desirable task

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

Excluding the employee from important work environment activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of lack laws differ from state to state, there are a number of federally mandated laws that secure employees who need to take a prolonged duration of time off from work.

Under the Family Medical Leave Act (FMLA), companies should offer overdue leave time to employees with a qualifying family or individual medical scenario, such as leave for the birth or adoption of a child or leave to take care of a partner, kid, or parent with a severe health condition. If qualified, staff members are entitled to as much as 12 weeks of overdue leave time under the FMLA without worry of jeopardizing their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances certain defenses to present and former uniformed service members who may need to be absent from civilian employment for a specific period of time in order to serve in the armed forces.

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

Firing an employee 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 take care of a passing away parent without simply cause

Firing a re-employed service member who took a leave of absence to serve in the armed forces without simply 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 payment is the combination of base cash payment, delayed settlement, performance bonuses, stock alternatives, executive benefits, severance bundles, and more, granted to top-level management employees. Executive payment plans have come under increased analysis by regulative companies and investors alike. If you face a conflict during the negotiation of your executive pay bundle, our attorneys might have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor legal representatives at Morgan & Morgan have successfully pursued thousands of labor and employment claims for the individuals who need it most.

In addition to our effective track record of representing victims of labor and work claims, our labor attorneys likewise represent staff members before administrative firms 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 may have been dealt with incorrectly by a company or another staff member, do not think twice to contact our office. To discuss your legal rights and choices, employment fill out our complimentary, no-obligation case review type now.

What Does a Work Attorney Do?

Documentation.
First, your assigned legal group will collect records connected to your claim, employment including your contract, time sheets, and interactions by means of email or other job-related platforms.
These documents will assist your attorney understand the extent of your claim and develop your case for payment.

Investigation.
Your lawyer and legal team will investigate your work environment claim in excellent information to collect the essential evidence.
They will look at the files you offer and might likewise take a look at employment records, contracts, and other work environment information.

Negotiation.
Your attorney will work out with the defense, beyond the courtroom, to assist get you the payment you may be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the greatest possible kind.

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