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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

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

The office ought to be a safe place. Unfortunately, some workers undergo unreasonable and illegal conditions by dishonest employers. Workers may not know what their rights in the office are, or might be scared of speaking out versus their employer in fear of retaliation. These labor violations can result in lost incomes and benefits, missed opportunities for improvement, and undue tension.

Unfair and inequitable labor practices versus workers can take many types, including wrongful termination, discrimination, harassment, refusal to give a reasonable lodging, rejection of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other unethical practices may not understand their rights, or may hesitate to speak out versus their company for fear of retaliation.

At Morgan & Morgan, our employment lawyers manage a variety of civil lawsuits cases involving unreasonable labor practices versus staff members. Our lawyers have the knowledge, dedication, and experience required to represent workers in a vast array of labor disputes. In fact, Morgan & Morgan has been recognized for filing more labor and employment cases than any other firm.

If you think you might have been the victim of unreasonable or illegal treatment in the work environment, contact us by completing our free case examination type.

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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 the answer to frequently asked questions about our legal services and discover 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, adremcareers.com nationwide origin, faith, age, and disability).

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

Unfair Labor Practices (e.g., rejection of incomes, 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 factors that are unfair or prohibited. This is termed wrongful termination, wrongful discharge, referall.us or wrongful termination.

There are many circumstances that may be grounds for a wrongful termination suit, including:

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who won’t do something prohibited for their company.

If you believe you may have been fired without proper cause, our labor and employment lawyers may have the ability to assist you recover back pay, unsettled earnings, and other types of settlement.

What Are the Most Common Forms of Workplace Discrimination?

It is unlawful to victimize a job applicant or staff member on the basis of race, color, religion, sex, nationwide origin, impairment, or age. However, some employers do simply that, leading to a hostile and inequitable office where some employees are dealt with more positively than others.

Workplace discrimination can take numerous kinds. Some examples consist of:

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

Passing over a qualified female employee for a promo in favor of a male employee with less experience.

Not providing equivalent training chances for employees of different religious backgrounds.

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

Firing someone based upon a safeguarded classification.

What Are Some Examples of Workplace Harassment?

When workers are subjected to slurs, attacks, threats, ridicule, offensive jokes, undesirable sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and violent workplace.

Examples of work environment harassment consist of:

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

Telling a or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial declarations about a worker’s sexual preference.

Making negative remarks about a worker’s religions.

Making prejudicial declarations about a worker’s birth place or household heritage.

Making negative remarks or jokes about the age of an employee over the age of 40.

Workplace harassment can also take the type of quid professional quo harassment. This implies that the harassment results in an intangible modification in a worker’s employment status. For instance, a worker might be forced to tolerate sexual harassment from a manager as a condition of their continued employment.

Which Industries Have the Most Overtime and Base Pay Violations?

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

However, some employers attempt to cut expenses by denying employees their rightful pay through deceitful approaches. This is called wage theft, and includes examples such as:

Paying an employee less than the federal minimum wage.

Giving an employee „comp time” or hours that can be used towards holiday or ill time, rather than overtime spend for hours worked over 40 in a work week.

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

Forcing workers to spend for tools of the trade or other expenditures that their employer need to pay.

Misclassifying an employee that ought to be paid overtime as „exempt” by promoting them to a „supervisory” position without really changing the worker’s task duties.

A few of the most vulnerable occupations to overtime and base pay offenses include:

IT workers.

Service professionals.

Installers.

Sales representatives.

Nurses and healthcare employees.

Tipped staff members.

Oil and gas field employees.

Call center employees.

Personal bankers, home loan brokers, and AMLs.

Retail staff members.

Exotic dancers.

FedEx motorists.

Disaster relief employees.

Pizza shipment motorists.

What Is Employee Misclassification?

There are a number of differences in between employees and self-employed workers, likewise understood as independent specialists or specialists. Unlike workers, who are told when and where to work, ensured a regular wage quantity, and entitled to employee benefits, among other requirements, independent contractors usually work on a short-term, contract basis with a company, and are invoiced for their work. Independent specialists are not entitled to staff member benefits, and should file and keep their own taxes, as well.

However, recently, some companies have abused classification by misclassifying bonafide staff members as contractors in an attempt to conserve money and circumvent laws. This is most typically seen among „gig economy” employees, such as rideshare chauffeurs and delivery drivers.

Some examples of misclassifications include:

Misclassifying a worker as an independent contractor to not have to abide by Equal Job opportunity Commission laws, which prevent work discrimination.

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

Misclassifying workers to prevent paying out 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 defamatory (written) remarks. When libel happens in the workplace, it has the potential to hurt team spirits, develop alienation, or perhaps cause long-lasting damage to an employee’s career prospects.

Employers are accountable for putting a stop to hazardous gossiping amongst staff members if it is a routine and recognized occurrence in the work environment. Defamation of character in the workplace may consist of circumstances such as:

An employer making damaging and unproven accusations, such as claims of theft or incompetence, toward a worker throughout a performance review

A worker spreading a hazardous report about another worker that causes them to be declined for a job elsewhere

An employee spreading gossip about a worker that causes other colleagues to prevent them

What Is Considered Employer Retaliation?

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

Reducing the employee’s income

Demoting the employee

Re-assigning the employee to a less-desirable task

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

Excluding the worker from vital work environment activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of absence laws vary from one state to another, there are a variety of federally mandated laws that safeguard employees who should take a prolonged time period off from work.

Under the Family Medical Leave Act (FMLA), companies should provide unsettled leave time to employees with a certifying household or individual medical circumstance, such as leave for the birth or adoption of a baby or delegate look after a spouse, child, somalibidders.com or parent with a serious health condition. If certified, employees are entitled to up to 12 weeks of unsettled leave time under the FMLA without worry of endangering their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties specific defenses to present and former uniformed service members who might need to be missing from civilian work for a certain time period in order to serve in the militaries.

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

Firing a worker who took a leave of lack for the birth or adoption of their baby without just cause

Demoting a staff member who took a leave of absence to look after a passing away moms and dad without just cause

Firing a re-employed service member who took a leave of lack to serve in the militaries without just cause

Retaliating versus a present or previous service member who took a leave of absence to serve in the militaries

What Is Executive Compensation?

Executive payment is the mix of base cash compensation, deferred compensation, performance bonus offers, stock alternatives, executive perks, severance packages, and more, granted to high-level management employees. Executive settlement bundles have actually come under increased examination by regulative companies and investors alike. If you deal with a disagreement during the negotiation of your executive pay package, our lawyers might have the ability to assist 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 individuals who need it most.

In addition to our successful performance history of representing victims of labor and work claims, our labor attorneys 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 know might have been treated poorly by an employer or another staff member, do not hesitate to contact our office. To discuss your legal rights and choices, submit our free, no-obligation case review type now.

What Does an Employment Attorney Do?

Documentation.
First, your assigned legal group will gather records related to your claim, including your contract, time sheets, and communications via email or other work-related platforms.
These documents will assist your attorney understand the extent of your claim and build your case for compensation.

Investigation.
Your attorney and legal team will examine your office claim in terrific information to gather the necessary proof.
They will take a look at the files you provide and may likewise look at work records, contracts, and other office information.

Negotiation.
Your lawyer will negotiate with the defense, outside of the courtroom, to help get you the compensation 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 greatest possible type.

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