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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 most employment litigation cases in the country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, character assassination, retaliation, rejection of leave, and executive pay disagreements.

The work environment ought to be a safe location. Unfortunately, some employees undergo unfair and unlawful conditions by unscrupulous companies. Workers might not know what their rights in the work environment are, or may be scared of speaking up against their company in worry of retaliation. These labor violations can result in lost salaries and advantages, missed opportunities for advancement, and excessive stress.

Unfair and prejudiced labor practices versus employees can take lots of types, including wrongful termination, discrimination, harassment, rejection to give a sensible accommodation, rejection of leave, company retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices might not understand their rights, or may be scared to speak up versus their employer for worry of retaliation.

At Morgan & Morgan, our work lawyers deal with a range of civil lawsuits cases involving unjust labor practices versus employees. Our attorneys have the knowledge, devotion, and experience required to represent employees in a vast array of labor disputes. In reality, Morgan & Morgan has been acknowledged for referall.us submitting more labor and work cases than any other firm.

If you believe you might have been the victim of unfair or prohibited treatment in the work environment, call us by completing our complimentary case evaluation kind.

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FAQ

Get responses to frequently asked questions about our legal services and find out how we might 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, nationwide origin, religion, age, and impairment).

Harassment (e.g., Unwanted sexual advances, Hostile Work Environment).

Unfair Labor Practices (e.g., denial of earnings, overtime, tip 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 workers are release for reasons that are unjust or prohibited. This is called wrongful termination, wrongful discharge, or wrongful termination.

There are numerous 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 prohibited for their company.

If you think you may have been fired without proper cause, our labor and work attorneys might have the ability to help you recover back pay, unsettled wages, and other kinds of compensation.

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

It is unlawful to victimize a job applicant or employee on the basis of race, color, religious beliefs, sex, national origin, special needs, or age. However, some employers do just that, leading to a hostile and inequitable workplace where some employees are treated more positively than others.

Workplace discrimination can take numerous kinds. Some examples include:

Refusing to work with somebody on the basis of their skin color.

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

Not offering equivalent training opportunities for staff members of different religious backgrounds.

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

Firing someone based upon a safeguarded category.

What Are Some Examples of Workplace Harassment?

When employees undergo slurs, attacks, threats, 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, office harassment produces a hostile and violent workplace.

Examples of work environment harassment consist of:

Making unwanted 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 an employee’s sexual preference.

Making unfavorable remarks about a worker’s religious beliefs.

Making prejudicial declarations about an employee’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 kind of quid pro quo harassment. This implies that the harassment leads to an intangible change 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) established 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 employers attempt to cut costs by rejecting employees their rightful pay through sly methods. This is called wage theft, and includes examples such as:

Paying an employee less than the federal base pay.

Giving an employee “comp time” or hours that can be utilized toward holiday or sick time, instead of overtime pay for hours worked over 40 in a work week.

Forcing tipped employees to pool their ideas with non-tipped employees, such as supervisors or cooks.

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

Misclassifying an employee that needs to be paid overtime as “exempt” by promoting them to a “managerial” position without in fact changing the employee’s task responsibilities.

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

IT employees.

Service service technicians.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped workers.

Oil and gas field employees.

Call center workers.

Personal bankers, home loan brokers, and AMLs.

Retail staff members.

Exotic dancers.

FedEx chauffeurs.

Disaster relief employees.

Pizza shipment drivers.

What Is Employee Misclassification?

There are a number of distinctions between staff members and self-employed workers, also called independent professionals or experts. Unlike workers, somalibidders.com who are informed when and where to work, guaranteed a regular wage quantity, and entitled to employee benefits, to name a few criteria, independent professionals normally work on a short-term, contract basis with a company, and are invoiced for their work. Independent professionals are not entitled to worker benefits, and must file and withhold their own taxes, too.

However, recently, some employers have abused classification by misclassifying bonafide workers as specialists in an effort to save money and prevent laws. This is most frequently seen among “gig economy” workers, such as rideshare motorists and shipment chauffeurs.

Some examples of misclassifications include:

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

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

Misclassifying employees to avoid paying out minimum wage.

How Is Defamation of Character Defined?

Defamation is generally specified as the act of harming the credibility of a person through slanderous (spoken) or libelous (written) remarks. When defamation takes place in the work environment, it has the possible to hurt group morale, produce alienation, or even trigger long-term damage to a worker’s career prospects.

Employers are responsible for putting a stop to hazardous gossiping amongst staff members if it is a regular and recognized event in the office. Defamation of character in the office might consist of instances such as:

A company making damaging and unfounded allegations, such as claims of theft or incompetence, toward an employee during a performance review

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

An employee dispersing chatter about an employee that triggers other colleagues to them

What Is Considered Employer Retaliation?

It is illegal for a business to penalize a staff member for submitting a problem or lawsuit against their company. This is considered employer retaliation. Although workers are legally secured against retaliation, it does not stop some employers from penalizing a worker who filed a problem in a variety of methods, such as:

Reducing the worker’s wage

Demoting the employee

Re-assigning the worker to a less-desirable job

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

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

What If a Business Denies a Leave of Absence?

While leave of absence laws vary from state to state, there are a variety of federally mandated laws that safeguard workers who should take a prolonged amount of time off from work.

Under the Family Medical Leave Act (FMLA), companies must use overdue leave time to staff members with a certifying family or specific medical scenario, such as leave for the birth or adoption of an infant or delegate care for a spouse, child, or parent with a severe health condition. If certified, employees are entitled to up to 12 weeks of unpaid leave time under the FMLA without fear of endangering their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances certain securities to present and former 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, consisting of:

Firing a worker who took a leave of absence for the birth or adoption of their child without simply cause

Demoting a staff member 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 lack to serve in the armed forces without just cause

Retaliating versus an existing or former 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, postponed settlement, performance bonus offers, stock alternatives, executive perks, severance plans, and more, granted to top-level management staff members. Executive payment bundles have come under increased analysis by regulative companies and investors alike. If you face a disagreement throughout the negotiation of your executive pay plan, our lawyers might be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor legal representatives at Morgan & Morgan have actually effectively pursued thousands of labor and employment claims for the people who require it most.

In addition to our effective track record of representing victims of labor and employment claims, our labor attorneys likewise represent employees before administrative firms 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 may have been treated incorrectly by an employer or another employee, do not hesitate to contact our workplace. To discuss your legal rights and choices, complete our complimentary, no-obligation case review form now.

What Does a Work Attorney Do?

Documentation.
First, your designated legal group will collect records related to your claim, including your agreement, time sheets, and interactions via email or other job-related platforms.
These files will assist your lawyer comprehend the extent of your claim and build your case for compensation.

Investigation.
Your lawyer and legal team will examine your office claim in great information to collect the necessary evidence.
They will look at the documents you offer and might likewise look at work 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 unsuccessful, your lawyer is prepared to go to trial and present your case in the strongest possible kind.

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