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

The work environment must be a safe place. Unfortunately, some employees undergo unfair and prohibited conditions by dishonest employers. Workers may not understand what their rights in the work environment are, or may be afraid of speaking out against their employer in fear of retaliation. These labor offenses can result in lost salaries and benefits, missed out on chances for advancement, employment and excessive tension.

Unfair and inequitable labor practices against staff members can take many forms, consisting of wrongful termination, discrimination, harassment, rejection to give an affordable lodging, denial of leave, company retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices might not know their rights, or may be afraid to speak out versus their company for worry of retaliation.

At Morgan & Morgan, our employment attorneys deal with a range of civil litigation cases including unjust labor practices versus employees. Our attorneys possess the knowledge, devotion, and experience required to represent workers in a large variety of labor conflicts. In fact, Morgan & Morgan has actually been acknowledged for submitting more labor and work cases than any other company.

If you believe you may have been the victim of unreasonable or prohibited treatment in the work environment, call us by finishing our free case evaluation type.

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FAQ

Get responses to commonly asked questions about our legal services and find out how we may assist 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, religious beliefs, age, and impairment).

Harassment (e.g., Sexual Harassment, Hostile Workplace).

Unfair Labor Practices (e.g., rejection 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 let go for reasons that are unjust or illegal. This is called wrongful termination, wrongful discharge, or wrongful termination.

There are numerous circumstances that might be grounds for a wrongful termination claim, consisting of:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a staff member who won’t do something illegal for their employer.

If you think you may have been fired without correct cause, our labor and work attorneys may have the ability to assist you recover back pay, unpaid incomes, and other forms of settlement.

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

It is illegal to discriminate versus a job applicant or employee on the basis of race, color, religious beliefs, sex, national origin, disability, or age. However, some employers do simply that, causing a hostile and inequitable workplace where some workers are treated more positively than others.

Workplace discrimination can take numerous kinds. Some examples include:

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

Passing over a qualified female worker for a promo in favor of a male staff member with less experience.

Not supplying equal training chances for workers of various religious backgrounds.

Imposing task eligibility requirements that deliberately evaluates out individuals with disabilities.

Firing someone based upon a protected category.

What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, attacks, dangers, 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, office harassment develops a hostile and abusive workplace.

Examples of office harassment include:

Making undesirable remarks about a worker’s appearance or body.

Telling a vulgar or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial declarations about an employee’s sexual preference.

Making unfavorable remarks about a worker’s religious beliefs.

Making prejudicial statements about an employee’s birthplace or household heritage.

Making unfavorable remarks or jokes about the age of a worker over the age of 40.

Workplace harassment can also take the form of quid professional quo harassment. This indicates that the harassment results in an intangible modification in a staff member’s employment status. For example, a staff member may be forced to tolerate sexual harassment from a manager as a condition of their continued employment.

Which Industries Have one of the most Overtime and Minimum Wage Violations?

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

However, some employers try to cut costs by denying workers their rightful pay through deceiving techniques. 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 utilized toward vacation or ill time, instead of overtime spend for hours worked over 40 in a work week.

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

Forcing employees to pay for tools of the trade or other expenses that their company ought to pay.

Misclassifying an employee that should be paid overtime as „exempt“ by promoting them to a „managerial“ position without actually altering the employee’s job responsibilities.

A few of the most susceptible occupations to overtime and employment base pay offenses consist of:

IT workers.

Service professionals.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped employees.

Oil and gas field workers.

Call center workers.

Personal lenders, home loan brokers, and AMLs.

Retail workers.

Exotic dancers.

FedEx motorists.

Disaster relief workers.

Pizza shipment motorists.

What Is Employee Misclassification?

There are a variety of differences in between employees and self-employed workers, likewise called independent contractors or experts. Unlike employees, who are told when and where to work, guaranteed a regular wage quantity, and entitled to staff member advantages, to name a few requirements, independent specialists usually work on a short-term, contract basis with a company, and are invoiced for their work. Independent professionals are not entitled to employee benefits, and need to submit and withhold their own taxes, also.

However, in the last few years, some companies have actually abused classification by misclassifying bonafide employees as professionals in an effort to save money and circumvent laws. This is most typically seen among „gig economy“ employees, such as rideshare drivers and delivery drivers.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent contractor to not have to comply with Equal Job opportunity Commission laws, which avoid work discrimination.

Misclassifying a worker to avoid registering them in a health benefits prepare.

Misclassifying workers to avoid paying minimum wage.

How Is Defamation of Character Defined?

Defamation is usually defined as the act of harming the reputation of an individual through slanderous (spoken) or disparaging (written) comments. When character assassination happens in the work environment, it has the possible to damage group spirits, produce alienation, or perhaps cause long-lasting damage to an employee’s profession prospects.

Employers are accountable for putting a stop to damaging gossiping amongst workers if it is a routine and known incident in the workplace. Defamation of character in the work environment may consist of instances such as:

A company making damaging and unfounded claims, such as claims of theft or incompetence, toward a worker throughout a performance evaluation

An employee spreading a harmful rumor about another worker that causes them to be denied for a task somewhere else

A staff member dispersing chatter about an employee that causes other colleagues to avoid them

What Is Considered Employer Retaliation?

It is prohibited for a business to penalize a staff member for filing a grievance or claim against their company. This is thought about employer retaliation. Although employees are lawfully secured versus retaliation, it does not stop some employers from punishing a staff member who filed a grievance in a variety of methods, such as:

Reducing the worker’s salary

Demoting the worker

Re-assigning the worker to a less-desirable job

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

Excluding the employee from important workplace 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 secure workers who must take a prolonged time period off from work.

Under the Family Medical Leave Act (FMLA), employers need to offer unsettled leave time to staff members with a certifying family or specific medical circumstance, such as leave for the birth or adoption of an infant or leave to take care of a partner, child, or parent with a severe health condition. If certified, staff members are entitled to approximately 12 weeks of unsettled 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, warranties specific securities to current and former uniformed service members who may require to be missing from civilian employment for a particular amount of time in order to serve in the armed forces.

Leave of lack can be unjustly rejected in a variety of ways, consisting of:

Firing an employee who took a leave of absence for the birth or adoption of their baby without simply cause

Demoting an employee who took a leave of lack to take care of a dying 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 simply cause

Retaliating against a present or former service member who took a leave of lack to serve in the armed forces

What Is Executive Compensation?

Executive payment is the mix of base money payment, postponed settlement, performance bonus offers, stock alternatives, executive perks, severance packages, and more, awarded to high-level management workers. Executive payment bundles have come under increased examination by regulatory agencies and shareholders alike. If you deal with a disagreement during the settlement of your executive pay bundle, our attorneys may be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor legal representatives at Morgan & Morgan have actually effectively pursued countless labor and employment claims for individuals who require it most.

In addition to our successful performance history of representing victims of labor and employment claims, our labor attorneys also represent staff members before administrative agencies 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 might have been treated poorly by an employer or another worker, do not be reluctant to contact our office. To discuss your legal rights and options, complete our complimentary, no-obligation case evaluation type now.

What Does a Work Attorney Do?

Documentation.
First, your appointed legal group will gather records connected to your claim, including your agreement, time sheets, and interactions via e-mail or other work-related platforms.
These files will assist your lawyer comprehend the level of your claim and build your case for settlement.

Investigation.
Your attorney and legal group will examine your workplace claim in excellent information to collect the necessary evidence.
They will look at the files you supply and may also look at work records, contracts, and other work environment information.

Negotiation.
Your attorney will negotiate with the defense, outside of the courtroom, to assist get you the payment you might 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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