Labor And Employment Attorneys
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Mistreated on the Job?

Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s work attorneys submit one of the most work litigation cases in the country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, disparagement, retaliation, denial of leave, and executive pay disputes.

The office ought to be a safe place. Unfortunately, some workers undergo unreasonable and unlawful conditions by unethical companies. Workers might not understand what their rights in the office are, or employment might hesitate of speaking out against their employer in fear of retaliation. These labor violations can cause lost earnings and benefits, missed opportunities for development, and unnecessary stress.

Unfair and discriminatory labor practices versus employees can take lots of forms, consisting of wrongful termination, discrimination, harassment, rejection to give a reasonable lodging, rejection of leave, company retaliation, and wage and hour infractions. Workers who are victim to these and other unethical practices might not know their rights, or may hesitate to speak up versus their company for worry of retaliation.

At Morgan & Morgan, our work lawyers manage a range of civil lawsuits cases involving unreasonable labor practices versus workers. Our attorneys have the understanding, commitment, employment and experience needed to represent workers in a large range of labor disputes. In fact, Morgan & Morgan has actually been recognized for submitting more labor and employment cases than any other company.

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

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If we handle the case, our team fights to get you the results you should have.


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FAQ

Get answers to commonly asked concerns about our legal services and find out how we might assist 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, religious beliefs, age, and special needs).
Harassment (e.g., Sexual Harassment, Hostile Work Environment).
Unfair Labor Practices (e.g., rejection of salaries, overtime, idea 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 staff members are release for reasons that are unjust or unlawful. This is described wrongful termination, wrongful discharge, or wrongful termination.

There are lots of circumstances that may be premises for a wrongful termination claim, including:

Firing a staff member out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a worker who won’t do something illegal for their company.
If you think you may have been fired without correct cause, our labor and employment attorneys might have the ability to assist you recover back pay, unsettled wages, and other forms of compensation.

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

It is unlawful to discriminate against a task applicant or worker on the basis of race, color, religious beliefs, sex, employment nationwide origin, special needs, or age. However, some companies do simply that, leading to a hostile and inequitable work environment where some workers are treated more positively than others.

Workplace discrimination can take many types. Some examples include:

Refusing to employ someone on the basis of their skin color.
Passing over a certified female worker for a promotion in favor of a male staff member with less experience.
Not offering equivalent training chances for staff members of various religious backgrounds.
Imposing job eligibility requirements that intentionally screens out individuals with disabilities.
Firing someone based upon a secured classification.
What Are Some Examples of Workplace Harassment?

When employees undergo slurs, assaults, hazards, ridicule, offensive jokes, undesirable 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 violent workplace.

Examples of work environment harassment include:

Making undesirable remarks about an employee’s look or body.
Telling a vulgar or sexual joke to a coworker.
Using slurs or racial epithets.
Making prejudicial statements about a worker’s sexual orientation.
Making unfavorable remarks about a staff member’s faiths.
Making prejudicial statements about a staff member’s birth place or family heritage.
Making unfavorable remarks or jokes about the age of a worker over the age of 40.
Workplace harassment can likewise take the kind of quid pro quo harassment. This implies that the harassment leads to an intangible modification in a staff member’s employment status. For instance, a worker may be forced to tolerate unwanted sexual advances 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 employees’ rights, including 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, employment some employers try to cut expenses by denying workers their rightful pay through deceiving techniques. This is called wage theft, and consists of examples such as:

Paying an employee less than the federal minimum wage.
Giving an employee “comp time” or hours that can be used towards trip or sick time, instead of overtime spend for hours worked over 40 in a work week.
Forcing tipped to pool their suggestions with non-tipped employees, such as supervisors or cooks.
Forcing workers to spend for tools of the trade or other expenditures that their employer should pay.
Misclassifying a worker that must 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 workers.
Service professionals.
Installers.
Sales agents.
Nurses and health care employees.
Tipped workers.
Oil and gas field employees.
Call center workers.
Personal bankers, mortgage brokers, and AMLs.
Retail staff members.
Exotic dancers.
FedEx chauffeurs.
Disaster relief workers.
Pizza shipment chauffeurs.
What Is Employee Misclassification?

There are a variety of differences in between staff members and self-employed workers, likewise referred to as independent professionals or specialists. Unlike staff members, who are informed when and where to work, guaranteed a regular wage quantity, and entitled to worker benefits, to name a few criteria, independent professionals generally deal with a short-term, contract basis with a business, and are invoiced for their work. Independent professionals are not entitled to worker advantages, and should submit and withhold their own taxes, also.

However, in recent years, some employers have abused classification by misclassifying bonafide employees as professionals in an effort to save cash and circumvent laws. This is most frequently seen amongst “gig economy” employees, such as rideshare drivers and shipment drivers.

Some examples of misclassifications include:

Misclassifying an employee as an independent contractor to not need to abide by Equal Employment Opportunity Commission laws, which prevent employment discrimination.
Misclassifying an employee to prevent enrolling them in a health advantages plan.
Misclassifying workers to prevent paying base pay.
How Is Defamation of Character Defined?

Defamation is generally defined as the act of damaging the track record of a person through slanderous (spoken) or false (written) comments. When disparagement takes place in the workplace, it has the prospective to damage group morale, develop alienation, and even cause long-lasting damage to an employee’s profession prospects.

Employers are accountable for stopping hazardous gossiping amongst workers if it is a routine and recognized occurrence in the workplace. Defamation of character in the office may include instances such as:

An employer making damaging and unproven claims, such as claims of theft or incompetence, toward a worker throughout a performance review
A worker spreading a damaging report about another employee that triggers them to be denied for a job elsewhere
A worker dispersing chatter about an employee that causes other coworkers to prevent them
What Is Considered Employer Retaliation?

It is unlawful for a business to punish a worker for submitting a grievance or lawsuit versus their employer. This is considered employer retaliation. Although workers are lawfully secured versus retaliation, it doesn’t stop some companies from penalizing an employee who submitted a grievance 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 creates a work-family conflict
Excluding the employee from vital work environment activities such as training sessions
What If a Business Denies a Leave of Absence?

While leave of absence laws differ from one state to another, there are a number of federally mandated laws that secure staff members who should take an extended duration of time off from work.

Under the Family Medical Leave Act (FMLA), companies must offer overdue leave time to workers with a certifying household or individual medical circumstance, such as leave for the birth or adoption of a child or delegate look after a spouse, kid, or employment moms and dad with a serious health condition. If qualified, workers are entitled to up to 12 weeks of unpaid leave time under the FMLA without worry of threatening their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties particular securities to existing and former uniformed service members who may require to be missing from civilian employment 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 methods, including:

Firing an employee who took a leave of absence for the birth or adoption of their infant without just cause
Demoting a staff member who took a leave of absence 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 just cause
Retaliating versus a current or former service member who took a leave of lack to serve in the armed forces
What Is Executive Compensation?

Executive settlement is the mix of base cash compensation, postponed payment, efficiency benefits, stock alternatives, executive benefits, severance bundles, and more, awarded to top-level management staff members. Executive settlement bundles have actually come under increased analysis by regulatory firms and investors alike. If you deal with a disagreement during the negotiation of your executive pay package, our attorneys might be able to help 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 employment claims for the individuals who require it most.

In addition to our successful performance history of representing victims of labor and employment claims, our labor lawyers likewise represent staff members before administrative companies 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 someone you understand may have been dealt with poorly by an employer or another employee, do not think twice to call our office. To discuss your legal rights and options, fill out our totally free, no-obligation case evaluation type now.

What Does an Employment Attorney Do?

Documentation. First, your assigned legal team will gather records connected to your claim, including your agreement, time sheets, and communications via email or other work-related platforms. These documents will assist your lawyer understand the degree of your claim and develop your case for compensation.

Investigation. Your attorney and legal team will examine your office claim in fantastic information to gather the necessary evidence. They will take a look at the files you offer and might also look at employment records, agreements, and other workplace information.

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

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