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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 many employment litigation cases in the country, including those involving wrongful termination, discrimination, harassment, wage theft, staff member misclassification, disparagement, retaliation, rejection of leave, and executive pay disputes.

The office ought to be a safe place. Unfortunately, some workers go through unjust and unlawful conditions by unethical employers. Workers may not know what their rights in the work environment are, or may hesitate of speaking out versus their company in worry of retaliation. These labor infractions can cause lost earnings and benefits, missed opportunities for development, and unnecessary stress.

Unfair and discriminatory labor practices versus employees can take many kinds, including wrongful termination, discrimination, harassment, refusal to provide an affordable lodging, rejection of leave, company retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices may not understand their rights, or may be scared to speak out against their company for fear of retaliation.

At Morgan & Morgan, our work attorneys deal with a range of civil lawsuits cases involving unfair labor practices versus employees. Our attorneys possess the understanding, dedication, and experience needed to represent workers in a wide variety of labor disagreements. In truth, Morgan & Morgan has actually been acknowledged for submitting more labor and employment cases than any other firm.

If you think you may have been the victim of unjust or prohibited treatment in the workplace, call us by finishing our totally free case assessment kind.

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Our devoted team gets to work examining your claim.


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If we take on the case, our team battles to get you the outcomes you are worthy of.


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FAQ

Get answers to commonly asked questions about our legal services and discover 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, national origin, religious beliefs, age, and impairment).
Harassment (e.g., Unwanted sexual advances, Hostile Workplace).
Unfair Labor Practices (e.g., denial 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 prohibited. This is described wrongful termination, wrongful discharge, or wrongful dismissal.

There are numerous scenarios that might be grounds for employment a wrongful termination lawsuit, including:

Firing an employee out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a staff member who won’t do something prohibited for their employer.
If you believe you might have been fired without proper cause, our labor and employment attorneys might have the ability to assist you recover back pay, overdue earnings, and other forms of settlement.

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to victimize a task applicant or worker on the basis of race, color, religious beliefs, sex, national origin, impairment, or age. However, some employers do just that, resulting in a hostile and inequitable work environment where some workers are treated more positively than others.

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

Refusing to work with someone on the basis of their skin color.
Passing over a qualified female employee for a promotion in favor of a male worker with less experience.
Not providing equivalent training opportunities for workers of various spiritual backgrounds.
Imposing task eligibility requirements that deliberately screens out individuals with specials needs.
Firing somebody based on a secured classification.
What Are Some Examples of Workplace Harassment?

When employees undergo slurs, assaults, risks, ridicule, offensive jokes, unwelcome sexual advances, or spoken or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, workplace harassment develops a hostile and violent work environment.

Examples of workplace harassment consist of:

Making unwelcome comments about an employee’s look or body.
Telling a repulsive or sexual joke to a coworker.
Using slurs or racial epithets.
Making prejudicial statements about a worker’s sexual orientation.
Making negative comments about a worker’s faiths.
Making prejudicial statements about a staff member’s birth place or family heritage.
Making unfavorable comments or jokes about the age of an employee over the age of 40.
Workplace harassment can also take the kind of quid professional quo harassment. This means that the harassment leads to an intangible change in an employee’s work status. For instance, a worker might be forced to tolerate sexual harassment from a supervisor as a condition of their continued employment.

Which Industries Have one of 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 spend for all hours worked over 40 in a workweek for non-exempt employees.

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

Paying an employee less than the federal base pay.
Giving a worker “comp time” or hours that can be used toward vacation or sick time, rather than overtime pay for hours worked over 40 in a work week.
Forcing tipped employees to pool their suggestions with non-tipped workers, such as supervisors or cooks.
Forcing employees to spend for tools of the trade or other costs that their employer ought to pay.
Misclassifying an employee that ought to be paid overtime as “exempt” by promoting them to a “managerial” position without in fact altering the worker’s task tasks.
Some of the most vulnerable occupations to overtime and base pay offenses include:

IT employees.
Service service technicians.
Installers.
Sales agents.
Nurses and healthcare employees.
Tipped employees.
Oil and gas field workers.
Call center employees.
Personal lenders, home mortgage brokers, and AMLs.
Retail workers.
Strippers.
FedEx motorists.
Disaster relief employees.
Pizza delivery chauffeurs.
What Is Employee Misclassification?

There are a variety of distinctions between employees and self-employed employees, likewise referred to as independent professionals or experts. Unlike workers, who are told when and where to work, ensured a routine wage quantity, and entitled to worker benefits, to name a few criteria, independent professionals usually deal with a short-term, contract basis with an organization, and are invoiced for their work. Independent contractors are not entitled to staff member advantages, and should file and keep their own taxes, as well.

However, in the last few years, some employers have abused category by misclassifying bonafide staff members as professionals in an effort to save cash and prevent laws. This is most frequently seen among “gig economy” employees, such as rideshare chauffeurs and shipment chauffeurs.

Some examples of misclassifications include:

Misclassifying a worker as an independent specialist to not need to abide by Equal Employment Opportunity Commission laws, which avoid work discrimination.
Misclassifying a worker to prevent enrolling them in a health advantages prepare.
Misclassifying staff members to prevent paying base pay.
How Is Defamation of Character Defined?

Defamation is normally specified as the act of damaging the credibility of an individual through slanderous (spoken) or disparaging (written) comments. When defamation happens in the workplace, it has the possible to damage team morale, develop alienation, or even cause long-term damage to an employee’s career prospects.

Employers are accountable for stopping harmful gossiping amongst employees if it is a routine and recognized event in the office. Defamation of character in the work environment may consist of instances such as:

An employer making damaging and unproven claims, such as claims of theft or incompetence, towards an employee during an efficiency review
A staff member spreading a harmful report about another worker that triggers them to be turned down for a task in other places
A staff member spreading chatter about an employee that triggers other colleagues to prevent them
What Is Considered Employer Retaliation?

It is illegal for a business to punish a staff member for filing a grievance or suit against their company. This is considered company retaliation. Although employees are lawfully secured versus retaliation, it does not stop some employers from penalizing an employee who submitted a problem in a range of methods, such as:

Reducing the worker’s wage
Demoting the worker
Re-assigning the employee to a less-desirable task
Re-assigning the worker to a shift that produces a work-family conflict
Excluding the worker from essential 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 variety of federally mandated laws that protect workers who need to take an extended period of time off from work.

Under the Family Medical Leave Act (FMLA), companies must offer unsettled leave time to employees with a qualifying household or specific medical situation, such as leave for the birth or adoption of a baby or for a partner, child, or parent with a severe health condition. If certified, employees are entitled to as much as 12 weeks of unpaid 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 particular protections to present and former uniformed service members who might need to be missing from civilian work for a certain amount of time in order to serve in the armed forces.

Leave of lack can be unjustly denied 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 just cause
Demoting an employee who took a leave of absence to care for a passing away moms and dad without simply cause
Firing a re-employed service member who took a leave of absence to serve in the militaries without just cause
Retaliating against a current 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 money compensation, postponed payment, efficiency bonus offers, stock choices, executive benefits, severance bundles, and more, awarded to top-level management workers. Executive settlement packages have actually come under increased analysis by regulatory firms and shareholders alike. If you face a conflict during the negotiation of your executive pay package, our attorneys might have the ability to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor lawyers at Morgan & Morgan have successfully pursued countless labor and employment claims for the individuals who need it most.

In addition to our effective performance history of representing victims of labor and work claims, our labor attorneys likewise 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 somebody you know may have been treated incorrectly by a company or another employee, do not hesitate to call our office. To discuss your legal rights and options, submit our free, no-obligation case evaluation form now.

What Does a Work Attorney Do?

Documentation. First, your assigned legal team will collect records associated with your claim, including your contract, time sheets, and interactions by means of e-mail or other work-related platforms. These files will help your lawyer understand the degree of your claim and build your case for settlement.

Investigation. Your attorney and legal team will investigate your workplace claim in terrific detail to gather the essential evidence. They will take a look at the documents you offer and may also look at employment records, agreements, and other workplace information.

Negotiation. Your attorney will work out with the defense, beyond the courtroom, to help get you the settlement 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 strongest possible type.

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