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Labor and Employment Attorneys

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. -America’s Largest Injury Law practice ™.

– Protecting Families Since 1988.

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment attorneys file one of the most employment lawsuits cases in the nation, including those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, defamation, retaliation, rejection of leave, and executive pay conflicts.

The workplace must be a safe place. Unfortunately, some workers undergo unreasonable and illegal conditions by unethical companies. Workers may not know what their rights in the workplace are, or might be afraid of speaking up against their employer in fear of retaliation. These labor offenses can cause lost wages and advantages, missed opportunities for development, and excessive stress.

Unfair and prejudiced labor practices versus employees can take many kinds, including wrongful termination, discrimination, harassment, refusal to give a sensible accommodation, rejection of leave, employer retaliation, and wage and hour infractions. Workers who are victim to these and other unethical practices might not understand their rights, or might hesitate to speak up against their employer for worry of retaliation.

At Morgan & Morgan, our employment attorneys handle a variety of civil lawsuits cases including unfair labor practices against workers. Our lawyers have the knowledge, commitment, and experience required to represent employees in a wide variety of labor disputes. In fact, Morgan & Morgan has been recognized for filing more labor and work cases than any other company.

If you believe you may have been the victim of unfair or prohibited treatment in the work environment, call us by finishing our totally free case assessment kind.

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Results might differ depending upon your particular realities and legal scenarios.

FAQ

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

What Does Labor Law and Employment Law Cover?

Our practice represents people who have actually been the victim of:

Wrongful Termination.

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

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

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 declares.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes workers are release for reasons that are unfair or unlawful. This is called wrongful termination, wrongful discharge, or wrongful termination.

There are many situations that might be grounds for a wrongful termination suit, including:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who will not do something unlawful for employment their company.

If you believe you might have been fired without correct cause, our labor and employment attorneys might have the ability to help you recuperate back pay, unsettled earnings, and other forms of settlement.

What Are the Most Common Forms of Workplace Discrimination?

It is illegal to discriminate against a job candidate or employee on the basis of race, color, faith, sex, nationwide origin, impairment, or age. However, some employers do simply that, leading to a hostile and inequitable work environment where some employees are dealt with more positively than others.

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

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

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

Not supplying equivalent training opportunities for staff members of different spiritual backgrounds.

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

Firing someone based on a secured classification.

What Are Some Examples of Workplace Harassment?

When workers undergo 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, workplace harassment develops a hostile and abusive workplace.

Examples of office harassment include:

Making unwelcome remarks about an employee’s appearance or body.

Telling a repulsive or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial declarations about an employee’s sexual orientation.

Making unfavorable remarks about a worker’s religions.

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

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

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

Which Industries Have the Most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) established particular workers’ rights, including the right to a minimum wage (set federally at $7.25 since 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt employees.

However, some companies try to cut expenses by denying employees their rightful pay through deceiving techniques. This is called wage theft, and includes examples such as:

Paying a worker less than the federal minimum wage.

Giving a worker “comp time” or hours that can be utilized towards trip or ill time, instead of overtime spend for hours worked over 40 in a work week.

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

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

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

A few of the most vulnerable professions to overtime and minimum wage infractions consist of:

IT employees.

Service technicians.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped workers.

Oil and gas field employees.

Call center workers.

Personal lenders, mortgage brokers, and AMLs.

Retail staff members.

Strippers.

FedEx chauffeurs.

Disaster relief employees.

Pizza delivery chauffeurs.

What Is Employee Misclassification?

There are a variety of distinctions in between staff members and self-employed workers, likewise understood as independent professionals or experts. Unlike employees, who are informed when and where to work, ensured a regular wage amount, and entitled to staff member advantages, amongst other criteria, independent specialists typically work on a short-term, contract basis with a service, and are invoiced for their work. Independent professionals are not entitled to staff member benefits, and should file and keep their own taxes, also.

However, recently, some companies have abused category by misclassifying bonafide employees as contractors in an effort to save cash and circumvent laws. This is most typically seen among “gig economy” workers, such as rideshare motorists and shipment drivers.

Some examples of misclassifications include:

Misclassifying an employee as an independent specialist to not need to abide by Equal Employment Opportunity Commission laws, which avoid employment discrimination.

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

Misclassifying workers to prevent paying base pay.

How Is Defamation of Character Defined?

Defamation is typically defined as the act of damaging the reputation of a person through slanderous (spoken) or libelous (written) remarks. When defamation takes place in the workplace, it has the prospective to harm group morale, create alienation, and even trigger long-lasting damage to an employee’s profession prospects.

Employers are accountable for stopping hazardous gossiping amongst employees if it is a regular and known occurrence in the work environment. Defamation of character in the work environment may consist of circumstances such as:

A company making harmful and unfounded allegations, such as claims of theft or incompetence, toward a worker during a performance review

A staff member spreading out a hazardous rumor about another staff member that causes them to be rejected for a task elsewhere

A worker dispersing chatter about an employee that triggers other colleagues to prevent them

What Is Considered Employer Retaliation?

It is prohibited for a business to penalize a worker for filing a grievance or claim against their employer. This is considered company retaliation. Although workers are legally safeguarded against retaliation, it does not stop some companies from punishing an employee who submitted a problem in a range of ways, such as:

Reducing the worker’s income

Demoting the employee

Re-assigning the worker to a less-desirable task

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

Excluding the employee from vital office activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of lack laws differ from one state to another, there are a number of federally mandated laws that safeguard staff members who must take a prolonged amount of time off from work.

Under the Family Medical Leave Act (FMLA), employers must offer overdue leave time to workers with a qualifying household or private medical situation, such as leave for the birth or adoption of a baby or delegate care for a spouse, child, or parent with a major health condition. If certified, staff members 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, warranties particular securities to existing and previous uniformed service members who may need to be absent from civilian employment for a specific time period in order to serve in the militaries.

Leave of absence can be unjustly denied in a number of methods, including:

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

Demoting a worker who took a leave of lack to look after a dying moms and dad without just cause

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

Retaliating versus a current 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 money compensation, deferred settlement, efficiency bonuses, stock options, executive advantages, severance packages, and more, awarded to top-level management employees. Executive compensation plans have come under increased scrutiny by regulative agencies and investors alike. If you face a conflict throughout the negotiation of your executive pay bundle, our attorneys may have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor lawyers at Morgan & Morgan have effectively pursued thousands of labor and work claims for the people who need it most.

In addition to our successful performance history of representing victims of labor and employment claims, our labor attorneys likewise represent employees before administrative such as the Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL), Occupational Safety and Health Administration (OSHA), employment and National Labor Relations Board (NLRB).

If you or someone you know may have been treated improperly by a company or another employee, employment do not think twice to call our workplace. To discuss your legal rights and options, complete our free, no-obligation case review type now.

What Does a Work Attorney Do?

Documentation.
First, your appointed legal team will collect records associated with your claim, including your contract, time sheets, and communications through email or other work-related platforms.
These documents will assist your lawyer comprehend the extent of your claim and develop your case for settlement.

Investigation.
Your lawyer and legal group will examine your work environment claim in fantastic information to collect the needed proof.
They will take a look at the documents you offer and might likewise look at employment records, contracts, and other workplace information.

Negotiation.
Your attorney will negotiate with the defense, outside of the courtroom, to help get you the payment you might be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the greatest possible form.

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