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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment lawyers submit the a lot of work litigation cases in the nation, including those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, defamation, employment retaliation, denial of leave, and executive pay disagreements.

The work environment should be a safe place. Unfortunately, some workers go through unreasonable and unlawful conditions by deceitful employers. Workers may not know what their rights in the office are, or may hesitate of speaking up against their company in fear of retaliation. These labor violations can result in lost wages and benefits, missed out on opportunities for improvement, and unnecessary stress.

Unfair and inequitable labor practices against staff members can take many types, consisting of wrongful termination, discrimination, harassment, refusal to give a sensible accommodation, denial of leave, company retaliation, and wage and hour violations. Workers who are victim to these and other dishonest practices may not understand their rights, or might hesitate to speak up against their company for worry of retaliation.

At Morgan & Morgan, our work attorneys handle a variety of civil lawsuits cases involving unjust labor practices against employees. Our attorneys possess the understanding, commitment, and experience needed to represent employees in a wide variety of labor disputes. In truth, Morgan & Morgan has been recognized for filing more labor and employment cases than any other company.

If you think you may have been the victim of unfair or prohibited treatment in the office, call us by finishing our complimentary case examination form.

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FAQ

Get responses 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 people who have actually been the victim of:

Wrongful Termination.

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

Harassment (e.g., Unwanted sexual advances, Hostile Work Environment).

Unfair Labor Practices (e.g., denial of incomes, overtime, suggestion 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 factors that are unfair or illegal. This is called wrongful termination, wrongful discharge, or wrongful termination.

There are many scenarios that may be premises for a wrongful termination suit, including:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a staff member who will not do something prohibited for their company.

If you think you might have been fired without proper cause, our labor and employment lawyers might have the ability to assist you recuperate back pay, unsettled incomes, and other kinds of payment.

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

It is prohibited to discriminate versus a task candidate or staff member on the basis of race, color, faith, sex, nationwide origin, disability, or age. However, some companies do just that, employment resulting in a hostile and inequitable office where some workers are treated more positively than others.

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

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

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

Not providing equal training chances for employees of various religious backgrounds.

Imposing job eligibility criteria that deliberately screens out people with disabilities.

Firing someone based upon a safeguarded category.

What Are Some Examples of Workplace Harassment?

When employees go through slurs, assaults, hazards, ridicule, offending jokes, undesirable sexual advances, or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, work environment harassment develops a hostile and violent workplace.

Examples of office harassment include:

Making unwanted remarks about a worker’s look or body.

Telling a vulgar or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about a worker’s sexual orientation.

Making negative comments about an employee’s religious beliefs.

Making prejudicial statements about an employee’s birth place or family heritage.

Making unfavorable comments or jokes about the age of a staff member over the age of 40.

Workplace harassment can also take the form of quid pro quo harassment. This means that the harassment leads to an intangible change in an employee’s employment status. For instance, an employee may be forced to endure unwanted sexual advances from a supervisor as a condition of their continued work.

Which Industries Have the Most Overtime and Minimum Wage Violations?

The Fair Labor Standards Act (FLSA) developed specific employees’ 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, employment some companies try to cut expenses by rejecting workers their rightful pay through deceiving approaches. This is called wage theft, and includes examples such as:

Paying an employee less than the federal base pay.

Giving a worker “comp time” or hours that can be utilized towards trip or sick time, rather than overtime pay for hours worked over 40 in a work week.

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

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

Misclassifying an employee that needs to be paid overtime as “exempt” by promoting them to a “supervisory” position without really changing the worker’s job responsibilities.

Some of the most vulnerable professions to overtime and minimum wage offenses consist of:

IT employees.

Service technicians.

Installers.

Sales representatives.

Nurses and employment healthcare employees.

Tipped employees.

Oil and gas field employees.

Call center workers.

Personal lenders, mortgage brokers, and AMLs.

Retail workers.

Strippers.

FedEx motorists.

Disaster relief workers.

Pizza delivery motorists.

What Is Employee Misclassification?

There are a number of differences between workers and self-employed employees, likewise understood as independent contractors or experts. Unlike employees, who are informed when and where to work, ensured a regular wage amount, and entitled to staff member benefits, to name a few requirements, independent contractors usually work on a short-term, agreement basis with an organization, and are invoiced for their work. Independent contractors are not entitled to employee benefits, and should file and withhold their own taxes, also.

However, over the last few years, some employers have actually abused category by misclassifying bonafide staff members as contractors in an attempt to conserve cash and circumvent laws. This is most frequently seen among “gig economy” workers, such as rideshare chauffeurs and shipment motorists.

Some examples of misclassifications consist of:

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

Misclassifying an employee to avoid registering them in a health advantages prepare.

Misclassifying employees to prevent paying minimum wage.

How Is Defamation of Character Defined?

Defamation is normally specified as the act of harming the reputation of a person through slanderous (spoken) or disparaging (written) comments. When libel happens in the workplace, it has the potential to damage group spirits, produce alienation, and even trigger long-lasting damage to a worker’s profession potential customers.

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

An employer making hazardous and unfounded accusations, such as claims of theft or incompetence, toward a staff member throughout an efficiency evaluation

A worker spreading a hazardous report about another staff member that causes them to be denied for a task elsewhere

A worker spreading chatter about a worker that causes other coworkers to avoid them

What Is Considered Employer Retaliation?

It is unlawful for a company to punish a staff member for submitting a grievance or suit versus their company. This is thought about company retaliation. Although workers are legally protected versus retaliation, it doesn’t stop some employers from penalizing an employee who submitted a complaint in a variety of ways, such as:

Reducing the worker’s salary

Demoting the worker

Re-assigning the employee to a less-desirable task

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

Excluding the employee from vital workplace activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of lack laws differ from state to state, there are a number of federally mandated laws that secure workers who should take a prolonged amount of time off from work.

Under the Family Medical Leave Act (FMLA), employers need to provide unpaid leave time to workers with a certifying household or individual medical circumstance, such as leave for the birth or adoption of a child or leave to care for a partner, kid, or parent with a major health condition. If qualified, employees 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, assurances particular protections to present and previous uniformed service members who might need to be missing from civilian employment for a particular time period in order to serve in the militaries.

Leave of absence can be unjustly rejected in a variety of ways, including:

Firing a staff member 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 absence 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 armed forces without simply cause

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

What Is Executive Compensation?

Executive settlement is the mix of base cash payment, postponed compensation, efficiency bonus offers, stock alternatives, executive perks, severance bundles, and more, granted to top-level management employees. Executive compensation bundles have come under increased scrutiny by regulative agencies and shareholders alike. If you deal with a conflict during the negotiation 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 actually successfully pursued countless labor and employment claims for the people who require it most.

In addition to our effective performance history of representing victims of labor and work claims, our labor attorneys also represent workers before administrative firms 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 somebody you understand might have been dealt with poorly by a company or another worker, do not be reluctant to contact our workplace. To discuss your legal rights and alternatives, complete our free, no-obligation case review form now.

What Does a Work Attorney Do?

Documentation.
First, employment your designated legal team will gather records associated with your claim, including your contract, time sheets, employment and interactions through e-mail or other work-related platforms.
These files will help your attorney comprehend the degree of your claim and develop your case for payment.

Investigation.
Your attorney and legal team will investigate your work environment claim in excellent information to collect the needed evidence.
They will look at the documents you supply and may also look at employment records, contracts, and other workplace data.

Negotiation.
Your attorney will negotiate with the defense, outside of the courtroom, to help get you the settlement 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 greatest possible kind.

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