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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 work lawsuits cases in the nation, including those including wrongful termination, discrimination, harassment, wage theft, worker misclassification, libel, retaliation, denial of leave, and executive pay disputes.

The office should be a safe location. Unfortunately, some employees go through unreasonable and prohibited conditions by unethical employers. Workers may not know what their rights in the office are, or may be afraid of speaking out against their employer in fear of retaliation. These labor violations can cause lost wages and advantages, missed chances for advancement, and undue stress.

Unfair and prejudiced labor practices against staff members can take numerous types, including wrongful termination, discrimination, harassment, refusal to offer a reasonable accommodation, rejection of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices might not know their rights, or may be afraid to speak up against their employer for worry of retaliation.

At Morgan & Morgan, our work attorneys deal with a variety of civil lawsuits cases involving unfair labor practices versus employees. Our attorneys possess the knowledge, devotion, and experience needed to represent employees in a large range of labor conflicts. In reality, Morgan & Morgan has been recognized for submitting more labor and work cases than any other firm.

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

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Our dedicated team gets to work examining your claim.


Step 3

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If we handle the case, our team battles to get you the results you are worthy of.


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FAQ

Get answers to frequently asked questions about our legal services and find out how we may help you with your case.

What Does Labor Law and Employment Law Cover?

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

Wrongful Termination.
Discrimination (e.g., sex, race, color, harassment, national origin, faith, age, and ura.cc impairment).
Harassment (e.g., Sexual Harassment, Hostile Work Environment).
Unfair Labor Practices (e.g., rejection of wages, overtime, suggestion pooling, and equivalent 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 unjust or illegal. This is called wrongful termination, wrongful discharge, or wrongful dismissal.

There are numerous circumstances that may be grounds for a wrongful termination lawsuit, including:

Firing an employee out of retaliation.
Discrimination.
Firing a whistleblower.
Firing an employee who won’t do something illegal for their employer.
If you believe you may have been fired without correct cause, our labor and employment lawyers may be able to assist you recuperate back pay, unpaid wages, and other kinds of compensation.

What Are the Most Common Forms of Workplace Discrimination?

It is illegal to victimize a task applicant or staff member on the basis of race, color, religion, sex, nationwide origin, disability, or age. However, some companies do just that, leading to a hostile and inequitable workplace where some employees are treated more favorably than others.

Workplace discrimination can take numerous types. Some examples include:

Refusing to hire someone on the basis of their skin color.
Passing over a qualified female staff member for a promotion in favor of a male staff member with less experience.
Not offering equivalent training opportunities for workers of various spiritual backgrounds.
Imposing task eligibility requirements that intentionally evaluates out people with impairments.
Firing somebody based upon a safeguarded category.
What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, assaults, threats, ridicule, offending jokes, unwanted sexual advances, or spoken or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, office harassment creates a hostile and abusive work environment.

Examples of office harassment include:

Making unwanted comments about a worker’s look or body.
Telling a repulsive or sexual joke to a colleague.
Using slurs or racial epithets.
Making prejudicial declarations about a worker’s sexual orientation.
Making negative remarks about an employee’s faiths.
Making prejudicial declarations about a worker’s birth place or family heritage.
Making unfavorable comments or jokes about the age of a worker over the age of 40.
can likewise take the type of quid pro quo harassment. This means that the harassment leads to an intangible change in a staff member’s work status. For example, a worker may be required to tolerate sexual harassment from a supervisor as a condition of their continued work.

Which Industries Have the Most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) developed specific employees’ rights, consisting of the right to a base pay (set federally at $7.25 since 2020) and overtime spend for all hours worked over 40 in a workweek for non-exempt staff members.

However, some employers try to cut expenses by denying employees their rightful pay through deceiving approaches. 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 used toward vacation or sick 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 supervisors or cooks.
Forcing workers to pay for tools of the trade or other expenses that their company must pay.
Misclassifying a worker that needs to be paid overtime as “exempt” by promoting them to a “managerial” position without in fact changing the employee’s job tasks.
A few of the most vulnerable professions to overtime and base pay violations include:

IT workers.
Service professionals.
Installers.
Sales agents.
Nurses and healthcare workers.
Tipped staff members.
Oil and gas field workers.
Call center employees.
Personal lenders, home mortgage brokers, and AMLs.
Retail workers.
Exotic dancers.
FedEx drivers.
Disaster relief employees.
Pizza delivery motorists.
What Is Employee Misclassification?

There are a variety of distinctions between staff members and self-employed employees, likewise understood 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 specialists typically deal with a short-term, agreement basis with an organization, and are invoiced for their work. Independent specialists are not entitled to staff member advantages, and should file and withhold their own taxes, also.

However, in the last few years, some companies have actually abused category by misclassifying bonafide employees as professionals in an attempt to conserve cash and prevent laws. This is most commonly seen amongst “gig economy” employees, such as rideshare drivers and shipment chauffeurs.

Some examples of misclassifications consist of:

Misclassifying a worker as an independent professional to not need to adhere to Equal Employment Opportunity Commission laws, which prevent employment discrimination.
Misclassifying an employee to prevent enrolling them in a health advantages plan.
Misclassifying employees to prevent paying out minimum wage.
How Is Defamation of Character Defined?

Defamation is usually defined as the act of damaging the reputation of an individual through slanderous (spoken) or libelous (written) comments. When defamation happens in the work environment, it has the prospective to hurt team spirits, create alienation, and even cause long-term damage to an employee’s profession potential customers.

Employers are responsible for stopping damaging gossiping among workers if it is a routine and known occurrence in the work environment. 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, towards a staff member during a performance evaluation
A worker spreading a harmful rumor about another employee that triggers them to be turned down for a task somewhere else
A staff member spreading chatter about a worker that causes other coworkers to avoid them
What Is Considered Employer Retaliation?

It is illegal for a company to punish an employee for filing a problem or claim against their company. This is thought about company retaliation. Although workers are legally secured versus retaliation, it does not stop some companies from punishing an employee who filed a problem in a variety of methods, such as:

Reducing the worker’s wage
Demoting the employee
Re-assigning the employee to a less-desirable job
Re-assigning the employee to a shift that creates a work-family dispute
Excluding the worker from important work environment activities such as training sessions
What If a Business 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 safeguard workers who should take a prolonged time period off from work.

Under the Family Medical Leave Act (FMLA), employers must use unpaid leave time to staff members with a qualifying family or private medical scenario, such as leave for the birth or adoption of a baby or leave to care for a spouse, child, or parent with a serious health condition. If certified, workers are entitled to as much as 12 weeks of unsettled leave time under the FMLA without fear of threatening their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees specific securities to present and former uniformed service members who may require to be missing from civilian work for a particular period of time in order to serve in the militaries.

Leave of lack can be unfairly denied in a variety of ways, 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 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 armed forces without just cause
Retaliating against an existing or former service member who took a leave of absence to serve in the militaries
What Is Executive Compensation?

Executive payment is the combination of base money compensation, delayed settlement, performance bonuses, stock choices, executive benefits, severance plans, and more, awarded to high-level management employees. Executive compensation packages have come under increased analysis by regulative firms and shareholders alike. If you deal with a disagreement throughout the settlement of your executive pay bundle, our lawyers may be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor lawyers at Morgan & Morgan have successfully pursued thousands of labor and employment claims for individuals who require it most.

In addition to our effective track record of representing victims of labor and work claims, our labor lawyers also 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 understand may have been dealt with improperly by an employer or another worker, do not be reluctant to call our office. To discuss your legal rights and options, complete our free, no-obligation case evaluation form now.

What Does a Work Attorney Do?

Documentation. First, your assigned legal team will gather records associated with your claim, including your agreement, time sheets, and communications via email or other job-related platforms. These documents will help your lawyer comprehend the level of your claim and develop your case for payment.

Investigation. Your attorney and legal group will investigate your workplace claim in terrific information to gather the essential proof. They will take a look at the documents you offer and may also take a look at employment records, contracts, and other workplace 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 not successful, your lawyer is prepared to go to trial and present your case in the greatest possible form.

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